An article published by State Tax Notes discusses the Illinois Appeals Court Ruling a DOR audit does not bar a qui tam suit against Best Buy Stores LP.
State and Local Tax Attorney, David Hughes, stated, "This is a frustrating and unfortunate decision for both [IFCA] defendants and the Department of Revenue." He went on to say, "For defendants, the decision allows a whistleblower lawsuit to proceed even if the department has already initiated an audit. The court's interpretation of the 'government action bar' is very narrow and says an audit or other investigation - as opposed to an adversarial proceeding in court - is not enough to bar a whistleblower suit."
The full article, "Illinois Appeals Court Rules DOR Audit Does Not Bar Qui Tam Suit," was written by Andrea Muse and published by State Tax Notes on April 23, 2018 for its subscribers.