Full record / Answer - Final.pdf

Answer - Final.pdf

Binson's Hospital Supplies, Inc. Petitioner Vs. Michigan Department Of Treasury Respondent · 26-001081-TT

← View full record

Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.

Page 1

STATE OF MICHIGAN 

DEPARTMENT OF ATTORNEY GENERAL 

P.O. BOX 30754 

LANSING, MICHIGAN 48909 

DANA NESSEL 

ATTORNEY GENERAL 

October 15, 2026 

Via Electronic Filing 

Michigan Tax Tribunal 

Attn: Samantha M. Welton, Chief Clerk 

611 W. Ottawa Street, 4th Floor 

P.O. Box 30232 

Lansing, MI 48909 

Re: 

Binson’s Hospital Supplies, Inc. v Michigan Dep’t of Treasury 

Michigan Tax Tribunal Docket No. 26-001081-TT 

Dear Ms. Welton: 

Enclosed for submission, please find Respondent Michigan Department of 

Treasury’s Answer to Petition and Affirmative Defenses and Proof of Service, in 

regard to the above referenced case. 

If you should have any questions relative to the enclosures, please do not 

hesitate to contact our office. 

Very truly yours, 

/s/ Wesley M. Margeson 

Wesley M. Margeson (P81232) 

Jadranko J. Tomic Bobas (P75494) 

Assistant Attorneys General 

Michigan Dep’t of Attorney General 

Revenue and Tax Division 

(517) 335-7584

WMM/JJTB/rkg 

Enclosures 

cc: 

Brandon K. Fasse, w/enclosures (via First-Class U.S. Mail)

Page 2

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

BINSON’S HOSPITAL SUPPLIES, INC., 

Petitioner, 

v 

MICHIGAN DEPARTMENT OF 

TREASURY, 

Respondent. 

MTT Docket # 26-001081 

 / 

Fasse Law PLLC 

Brandon K. Fasse (P80370) 

Attorney for the Petitioner 

25790 Commerce Dr. 

Suite 110 

Madison Heights, MI 48071 

(800) 604-5386

Brandon@fasselaw.com

 

Wesley M. Margeson (P81232) 

Jadranko J. Tomic Bobas (P75494) 

Assistant Attorneys General 

Michigan Dep’t of Attorney General 

Revenue and Tax Division 

Attorneys for Respondent 

P.O. Box 30754 

Lansing, MI 48909 

(517) 335-7584

MargesonW@michigan.gov

TomicBobasJ@michigan.gov

 / 

RESPONDENT MICHIGAN DEPARTMENT OF TREASURY’S ANSWER TO 

PETITION AND AFFIRMATIVE DEFENSES 

NOW COMES Respondent, MICHIGAN DEPARTMENT OF TREASURY 

(Treasury), through counsel, Assistant Attorneys General Wesley M. Margeson and 

Jadranko J. Tomic Bobas, and states for its answer to the petition as follows: 

1.

Treasury neither admits nor denies the allegations of this paragraph,

as same contains assessments numbers issued by Treasury. To the extent that a

Page 3

2 

response is required, Treasury admits that this paragraph contains Treasury 

assessment numbers. 

2.

Treasury admits that it audited Petitioner for sales tax for the period

July 1, 2020, through December 31, 2023. 

3.

Treasury neither admits nor denies the allegations of this paragraph,

as same contains Petitioner’s contentions of the issues in this appeal. To the extent 

that a response is required, Treasury denies that it assessed Petitioner any penalty, 

denies that Petitioner is entitled to any relief, and states that Treasury’s 

determination is valid, proper, and lawful. 

4.

Treasury only admits that it issued a Decision and Order of

Determination to Petitioner dated March 20, 2026, in Informal Conference Docket 

No. 2025-1111. 

5.

Treasury neither admits nor denies the allegations of this paragraph

because Treasury lacks knowledge or information sufficient to form a belief as to 

the truth of the matter asserted and leaves Petitioner to its proofs. 

6.

Treasury admits that it has assessed Petitioner tax and interest, but

states that Treasury did not assess penalty, and further states that the amount of 

tax interest, and penalty, as stated on Final Assessments, are as follows, and 

further states that interest continues to accrue:1 

1 Treasury has attached copies of the Final Assessments in compliance with TTR 

235(5). See Ex A. Because Petitioner filed this case after Treasury issued a 

Decision and Order of Determination, Treasury also attaches that document. See 

Ex B.

Page 4

3 

Final Assessment No. 

Year 

Tax 

Interest 

Penalty 

1506997 

2020 

$62,843.70 

$1,719.54 

$0 

1759632 

2021 

$164,938.92 

$45,089.65 

$0 

1759637 

2022 

$152,631.00 

$34,877.44 

$0 

1507021 

2023 

$134,476.54 

$25,402.29 

$0 

Total 

$514,890.16 

$107,088.92 

$0 

7.

Treasury neither admits nor denies the allegations of this paragraph,

as this paragraph contains Petitioner’s request for relief, to which no response is 

required. To the extent that a response is required, Treasury denies that Petitioner 

is entitled to any relief, and that Treasury’s determination is valid, proper, and 

lawful. 

8.

Treasury neither admits nor denies the allegations of this paragraph,

as this paragraph contains Petitioner’s contentions of the amounts in dispute, to 

which no response is required. To the extent that a response is required, Treasury 

denies that Petitioner is entitled to any relief, and that Treasury’s determination is 

valid, proper, and lawful. 

9.

Treasury neither admits nor denies the allegations of this paragraph,

as this paragraph contains Petitioner’s request for relief, to which no response is 

required. To the extent that a response is required, Treasury denies that Petitioner 

is entitled to any relief, and that Treasury’s determination is valid, proper, and 

lawful.

Page 5

4 

10.

The allegations in this paragraph are contained within a separate

attachment, and Treasury responds in the following paragraphs to those 

allegations. 

TREASURY’S RESPONSES TO ATTACHMENT A 

RESPONSES TO SECTION I 

1.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. Treasury neither 

admits nor denies the allegations of this paragraph because same constitutes a legal 

conclusion that does not require a response under the Michigan Court Rules and 

because MCL 205.22 speaks for itself. Treasury only admits that it issued a 

Decision and Order of Determination to Petitioner dated March 20, 2026, in 

Informal Conference Docket No. 2025-1111. By way of further answer, Treasury 

denies that Petitioner is entitled to any relief, and that Treasury’s determination is 

valid, proper, and lawful. 

2.

To the extent that the allegations of this paragraph reference the

March 20, 2026 Decision and Order of Determination, Treasury neither admits nor 

denies the allegations because the Decision and Order of Determination speaks for 

itself. This paragraph also contains Petitioner’s statement concerning what it 

contests, to which no response is required. To the extent that a response is 

required, Treasury denies that Petitioner is entitled to any relief, and that 

Treasury’s determination is valid, proper, and lawful.

Page 6

5 

3.

Treasury neither admits nor denies the allegations of this paragraph,

as the allegations reference the contents of the Decision and Order of 

Determination, which speaks for itself. To the extent that a response is required, 

Treasury denies that Petitioner is entitled to any relief, and that Treasury’s 

determination is valid, proper, and lawful. 

4.

Treasury neither admits nor denies the allegations of this paragraph,

as this paragraph contains Petitioner’s request for relief, to which no response is 

required. To the extent that a response is required, Treasury denies that Petitioner 

is entitled to any relief, and that Treasury’s determination is valid, proper, and 

lawful. 

RESPONSE TO SECTION II 

5.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

this paragraph concerns factual allegations concerning Petitioner’s business 

operations, Treasury neither admits nor denies the allegations of this paragraph 

because it lacks knowledge or information sufficient to form a belief as to the truth 

of the matter asserted and leaves Petitioner to its proofs. To the extent that this 

paragraph contains allegations concerning the contents of the Informal Conference 

Recommendation, Treasury neither admits nor denies those allegations, as that 

document speaks for itself. 

6.

Treasury neither admits nor denies the allegations of this paragraph,

as this paragraph contains Petitioner’s contentions of what is at issue in this case

Page 7

6 

and legal conclusions, to which no response is required. To the extent that this 

paragraph contains factual allegations concerning any items at issue, Treasury 

neither admits nor denies the allegations of this paragraph because it lacks 

knowledge or information sufficient to form a belief as to the truth of the matter 

asserted and leaves Petitioner to its proofs. 

7.

To the extent that the allegations of this paragraph reference the

Informal Conference Recommendation, Treasury neither admits nor denies the 

allegations of this paragraph because that document speaks for itself. To the extent 

that the allegations of this paragraph contain legal conclusions, Treasury neither 

admits nor denies the allegations as no response is required under the Michigan 

Court Rules. To the extent that a response is required, Treasury denies that 

Petitioner is entitled to any relief, and that Treasury’s determination is valid, 

proper, and lawful. 

8.

To the extent that this paragraph contains factual allegations

concerning any items at issue, Treasury neither admits nor denies the allegations of 

this paragraph because it lacks knowledge or information sufficient to form a belief 

as to the truth of the matter asserted and leaves Petitioner to its proofs. To the 

extent that a response is required, Treasury denies that Petitioner is entitled to any 

relief, and that Treasury’s determination is valid, proper, and lawful. 

RESPONSE TO SECTION III 

9.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. Treasury neither

Page 8

7 

admits nor denies the allegations in the first sentence of this paragraph, as it cites a 

statute, which speaks for itself. Treasury neither admits nor denies the allegations 

in the second sentence of this paragraph because it lacks knowledge or information 

sufficient to form a belief as to the truth of the matter asserted and leaves 

Petitioner to its proofs. 

10.

Treasury neither admits nor denies the allegations of this paragraph,

as it cites a statute, which speaks for itself. 

11.

Treasury neither admits nor denies the allegations of this paragraph,

as it cites a statute, which speaks for itself. 

12.

Treasury neither admits nor denies the allegations of this paragraph,

as it cites a statute, which speaks for itself. 

13.

To the extent that this paragraph contains allegations concerning the

contents of the Informal Conference Recommendation or the Decision and Order of 

Determination, Treasury neither admits nor denies those allegations, as those 

documents speak for themselves. To the extent that the allegations of this 

paragraph contain legal conclusions, Treasury neither admits nor denies the 

allegations as no response is required under the Michigan Court Rules. To the 

extent that a response is required, Treasury denies that Petitioner is entitled to any 

relief, and that Treasury’s determination is valid, proper, and lawful. 

RESPONSE TO SECTION IV 

14.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that

Page 9

8 

this paragraph contains factual allegations concerning any items at issue, Treasury 

neither admits nor denies the allegations of this paragraph because it lacks 

knowledge or information sufficient to form a belief as to the truth of the matter 

asserted and leaves Petitioner to its proofs. To the extent that the allegations of 

this paragraph contain legal conclusions, Treasury neither admits nor denies the 

allegations as no response is required under the Michigan Court Rules. To the 

extent that a response is required, Treasury denies that Petitioner is entitled to any 

relief, and that Treasury’s determination is valid, proper, and lawful. Finally, 

Treasury denies that it held ostomy appliances and related supplies as taxable in 

the audit at issue in this case. 

15.

To the extent that this paragraph contains factual allegations

concerning any items at issue, Treasury neither admits nor denies the allegations of 

this paragraph because it lacks knowledge or information sufficient to form a belief 

as to the truth of the matter asserted and leaves Petitioner to its proofs. To the 

extent that the allegations of this paragraph contain legal conclusions, Treasury 

neither admits nor denies the allegations as no response is required under the 

Michigan Court Rules. To the extent that a response is required, Treasury denies 

that Petitioner is entitled to any relief, and that Treasury’s determination is valid, 

proper, and lawful. Finally, Treasury denies that it held catheters and urinary-

management systems as taxable in the audit at issue in this case. 

16.

To the extent that this paragraph contains factual allegations

concerning any items at issue, Treasury neither admits nor denies the allegations of

Page 10

9 

this paragraph because it lacks knowledge or information sufficient to form a belief 

as to the truth of the matter asserted and leaves Petitioner to its proofs. To the 

extent that the allegations of this paragraph contain legal conclusions, Treasury 

neither admits nor denies the allegations as no response is required under the 

Michigan Court Rules. To the extent that a response is required, Treasury denies 

that Petitioner is entitled to any relief, and that Treasury’s determination is valid, 

proper, and lawful. 

17.

To the extent that this paragraph contains factual allegations

concerning any items at issue, Treasury neither admits nor denies the allegations of 

this paragraph because it lacks knowledge or information sufficient to form a belief 

as to the truth of the matter asserted and leaves Petitioner to its proofs. To the 

extent that the allegations of this paragraph contain legal conclusions, Treasury 

neither admits nor denies the allegations as no response is required under the 

Michigan Court Rules. To the extent that a response is required, Treasury denies 

that Petitioner is entitled to any relief, and that Treasury’s determination is valid, 

proper, and lawful. 

18.

To the extent that this paragraph contains factual allegations

concerning any items at issue, Treasury neither admits nor denies the allegations of 

this paragraph because it lacks knowledge or information sufficient to form a belief 

as to the truth of the matter asserted and leaves Petitioner to its proofs. To the 

extent that the allegations of this paragraph contain legal conclusions, Treasury 

neither admits nor denies the allegations as no response is required under the

Page 11

10 

Michigan Court Rules. To the extent that a response is required, Treasury denies 

that Petitioner is entitled to any relief, and that Treasury’s determination is valid, 

proper, and lawful. Finally, Treasury denies that it held taxable any durable 

medical equipment components and accessories in the audit at issue in this case. 

19.

To the extent that this paragraph contains factual allegations

concerning any items at issue, Treasury neither admits nor denies the allegations of 

this paragraph because it lacks knowledge or information sufficient to form a belief 

as to the truth of the matter asserted and leaves Petitioner to its proofs. To the 

extent that the allegations of this paragraph contain legal conclusions, Treasury 

neither admits nor denies the allegations as no response is required under the 

Michigan Court Rules. To the extent that a response is required, Treasury denies 

that Petitioner is entitled to any relief, and that Treasury’s determination is valid, 

proper, and lawful. Finally, Treasury denies that it held any mobility-enhancing 

equipment and parts as taxable in the audit at issue in this case. 

RESPONSE TO SECTION V 

20.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

this paragraph contains allegations concerning the contents of the Informal 

Conference Recommendation, Treasury neither admits nor denies those allegations, 

as that document speaks for itself. To the extent that the allegations of this 

paragraph contain legal conclusions, Treasury neither admits nor denies the 

allegations as no response is required under the Michigan Court Rules. Treasury

Page 12

11 

further states that the Michigan Court of Appeals issued a published opinion after 

the Court of Claims made its decision in Rehab & Mobility Systems. See Rehab & 

Mobility Systems LLC v Dep’t of Treasury, ___ Mich App ___(2026) (Docket No. 

370829). The holding reasoning and holding of that binding case is applicable to, 

and is dispositive of, whether any item at issue in this case qualifies as a prosthetic 

device. Further, Treasury denies that Petitioner is entitled to any relief, and that 

Treasury’s determination is valid, proper, and lawful. 

21.

To the extent that the allegations of this paragraph reference an

opinion of the Court of Claims, Treasury neither admits nor denies the allegations 

of this paragraph, as the opinion speaks for itself. Further, the published decision 

of the Court of Appeals in Rehab & Mobility Systems, ___ Mich App ___, is 

applicable to, and is dispositive of whether any item at issue in this case qualifies as 

a prosthetic device. 

22.

To the extent that the allegations of this paragraph reference an

opinion of the Court of Claims, Treasury neither admits nor denies the allegations 

of this paragraph, as the opinion speaks for itself. Further, the published decision 

of the Court of Appeals in Rehab & Mobility Systems, ___ Mich App ___, is 

applicable to, and is dispositive of whether any item at issue in this case qualifies as 

a prosthetic device. 

23.

To the extent that the allegations of this paragraph contains

Petitioner’s assertion that it does not rely on a particular administrative rule, but 

does rely on particular statutory text, Treasury neither admits nor denies the

Page 13

12 

allegations of this paragraph because no response is required under the Michigan 

Court Rules. To the extent that a response is required, Treasury denies that 

Petitioner is entitled to any relief, and that Treasury’s determination is valid, 

proper, and lawful. 

24.

Treasury neither admits nor denies the allegations of this paragraph,

as this paragraph contains Petitioner’s request for relief, to which no response is 

required. To the extent that a response is required, Treasury denies that Petitioner 

is entitled to any relief, and that Treasury’s determination is valid, proper, and 

lawful. 

RESPONSE TO SECTION VI 

25.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

the allegations of this paragraph contain legal conclusions, Treasury neither admits 

nor denies the allegations as no response is required under the Michigan Court 

Rules. Treasury further denies that an interpretation by another state court of 

another state’s statute has any applicability to this case. By way of further 

response, Treasury denies that Petitioner is entitled to any relief, and that 

Treasury’s determination is valid, proper, and lawful. 

26.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

the allegations of this paragraph contain legal conclusions, Treasury neither admits 

nor denies the allegations as no response is required under the Michigan Court

Page 14

13 

Rules. Treasury further denies that an interpretation by another state court or 

another state’s department of another state’s statute has any applicability to this 

case. By way of further response, Treasury denies that Petitioner is entitled to any 

relief, and that Treasury’s determination is valid, proper, and lawful. 

27.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

the allegations of this paragraph contain legal conclusions, Treasury neither admits 

nor denies the allegations as no response is required under the Michigan Court 

Rules. Treasury further denies that an interpretation by another state court or 

another state’s department of another state’s statute has any applicability to this 

case. By way of further response, Treasury denies that Petitioner is entitled to any 

relief, and that Treasury’s determination is valid, proper, and lawful. 

28.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

the allegations of this paragraph contain legal conclusions, Treasury neither admits 

nor denies the allegations as no response is required under the Michigan Court 

Rules. Treasury further denies that an interpretation by another state court, or 

another state’s department, of another state’s statute has any applicability to this 

case. By way of further response, Treasury denies that Petitioner is entitled to any 

relief, and that Treasury’s determination is valid, proper, and lawful. 

29.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that

Page 15

14 

the allegations of this paragraph contain legal conclusions, Treasury neither admits 

nor denies the allegations as no response is required under the Michigan Court 

Rules. Treasury further denies that an interpretation by another state court or 

another state’s department of another state’s statute has any applicability to this 

case. By way of further response, Treasury denies that it assessed Petitioner any 

penalty, and Treasury further states that Petitioner is not entitled to any relief, and 

that Treasury’s determination is valid, proper, and lawful. 

RESPONSE TO SECTION VII 

30.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

this paragraph contains factual allegations, Treasury neither admits nor denies the 

allegations of this paragraph because it lacks knowledge or information sufficient to 

form a belief as to the truth of the matter asserted and leaves Petitioner to its 

proofs. To the extent that the allegations of this paragraph contain legal 

conclusions, Treasury neither admits nor denies the allegations as no response is 

required under the Michigan Court Rules. To the extent that a response is 

required, Treasury denies that Petitioner is entitled to any relief, and that 

Treasury’s determination is valid, proper, and lawful. Petitioner fails to support 

this contention with authority, which is insufficient. See In re Contempt of Henry, 

282 Mich App 656, 670 (2009). Finally, Treasury states that the medical coverage of 

the person supplied with a medical item has no bearing on whether an item is 

taxable, and relief on that basis would be equitable in nature, which the Tax

Page 16

15 

Tribunal may not grant. Electronic Data Sys Corp v Flint Twp, 253 Mich App 538, 

548 (2002). 

31.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

this paragraph contains factual allegations, Treasury neither admits nor denies the 

allegations of this paragraph because it lacks knowledge or information sufficient to 

form a belief as to the truth of the matter asserted and leaves Petitioner to its 

proofs. To the extent that the allegations of this paragraph contain legal 

conclusions, Treasury neither admits nor denies the allegations as no response is 

required under the Michigan Court Rules. To the extent that a response is 

required, Treasury denies that Petitioner is entitled to any relief, and that 

Treasury’s determination is valid, proper, and lawful. Finally, Treasury states that 

the medical coverage of the person supplied with a medical item has no bearing on 

whether an item is taxable, and relief on that basis would be equitable in nature, 

which the Tax Tribunal may not grant. Electronic Data Sys Corp, 253 Mich App at 

548. 

32.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

this paragraph contains factual allegations, Treasury neither admits nor denies the 

allegations of this paragraph because it lacks knowledge or information sufficient to 

form a belief as to the truth of the matter asserted and leaves Petitioner to its 

proofs. To the extent that the allegations of this paragraph contain legal

Page 17

16 

conclusions, Treasury neither admits nor denies the allegations as no response is 

required under the Michigan Court Rules. To the extent that a response is 

required, Treasury denies that Petitioner is entitled to any relief, and that 

Treasury’s determination is valid, proper, and lawful. Finally, Treasury states that 

the medical coverage of the person supplied with a medical item has no bearing on 

whether an item is taxable, and relief on that basis would be equitable in nature, 

which the Tax Tribunal may not grant. Electronic Data Sys Corp, 253 Mich App at 

548. 

33.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

this paragraph contains factual allegations, Treasury neither admits nor denies the 

allegations of this paragraph because it lacks knowledge or information sufficient to 

form a belief as to the truth of the matter asserted and leaves Petitioner to its 

proofs. To the extent that the allegations of this paragraph contain legal 

conclusions, Treasury neither admits nor denies the allegations as no response is 

required under the Michigan Court Rules. To the extent that a response is 

required, Treasury denies that Petitioner is entitled to any relief, and that 

Treasury’s determination is valid, proper, and lawful. Finally, Treasury states that 

the medical coverage of the person supplied with a medical item has no bearing on 

whether an item is taxable, and relief on that basis would be equitable in nature, 

which the Tax Tribunal may not grant. Electronic Data Sys Corp, 253 Mich App at 

548.

Page 18

17 

RESPONSE TO SECTION VIII 

34.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. Treasury neither 

admits nor denies the allegations of this paragraph, as this paragraph contains 

Petitioner’s assertion that it contests certain portions of the audit in this case, to 

which no response is required under the Michigan Court Rules. To the extent that 

a response is required, Treasury denies that Petitioner is entitled to any relief, and 

that Treasury’s determination is valid, proper, and lawful. In further response, 

MCL 205.68(4) expressly declares that if Treasury “has reason to believe that any 

records maintained or returns filed are inaccurate or incomplete and that additional 

taxes are due, [Treasury] may assess the amount of the tax due from the taxpayer 

based on … any other information that is available or that may become available to 

the department. That assessment is considered prima facie correct for the purpose of 

this act and the burden of proof of refuting the assessment is upon the taxpayer.” 

(Emphasis added). Moreover, the “Legislature has granted [Treasury] wide 

discretion in the selection of auditing methods.” By Lo Oil Co v Dep’t of Treasury, 

267 Mich App 19, 42 (2005). Furthermore, to the extent Petitioner challenges the 

Audit, it is “not enough to merely argue that the audit methodology used by 

[Treasury] [is unfair, or] is not the most reliable, or that other methods might be 

used; it must be demonstrated [by Petitioner] that the method used was actually 

inaccurate” or unfair. By Lo Oil Co, supra, at 42-43. 

35.

Treasury neither admits nor denies the allegations of this paragraph

as this paragraph contains a statement that Petitioner will seek discovery, to which

Page 19

18 

no response is required under the Michigan Court Rules. To the extent that a 

response is required, Treasury denies that Petitioner is entitled to any relief, and 

that Treasury’s determination is valid, proper, and lawful. 

36.

Treasury neither admits nor denies the allegations of this paragraph

as this paragraph contains a statement that Petitioner will produce certain 

information in discovery and rely on certain information, to which no response is 

required under the Michigan Court Rules. To the extent that a response is 

required, Treasury denies that Petitioner is entitled to any relief, and that 

Treasury’s determination is valid, proper, and lawful. 

RESPONSE TO SECTION IX 

37.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

this paragraph contains factual allegations concerning any items at issue, Treasury 

neither admits nor denies the allegations of this paragraph because it lacks 

knowledge or information sufficient to form a belief as to the truth of the matter 

asserted and leaves Petitioner to its proofs. To the extent that the allegations of 

this paragraph contain legal conclusions, Treasury neither admits nor denies the 

allegations as no response is required under the Michigan Court Rules. To the 

extent that a response is required, Treasury denies that Petitioner is entitled to any 

relief, and that Treasury’s determination is valid, proper, and lawful. Finally, 

Treasury denies that it assessed Petitioner penalty.

Page 20

19 

38.

Treasury incorporates its responses to the preceding paragraphs into

the following paragraphs of its answer as if fully written herein. To the extent that 

this paragraph contains factual allegations concerning any items at issue, Treasury 

neither admits nor denies the allegations of this paragraph because it lacks 

knowledge or information sufficient to form a belief as to the truth of the matter 

asserted and leaves Petitioner to its proofs. To the extent that the allegations of 

this paragraph contain legal conclusions, Treasury neither admits nor denies the 

allegations as no response is required under the Michigan Court Rules. To the 

extent that a response is required, Treasury denies that Petitioner is entitled to any 

relief, and that Treasury’s determination is valid, proper, and lawful. 

RESPONSE TO SECTION X 

39.

This paragraph contains Petitioner’s request for relief, to which no

response is required. To the extent that a response is required, Treasury denies 

that Petitioner is entitled to such relief. Treasury further denies that Petitioner is 

entitled to any relief requested in its prayer for relief, including the six bullet 

points. By way of further response, Treasury’s determination is valid, proper, and 

lawful. 

AFFIRMATIVE DEFENSES 

NOTICE that Respondent, Michigan Department of Treasury, will rely upon 

the following affirmative defenses and expressly reserves the right to assert such

Page 21

20 

other affirmative defenses as may become apparent in the course of discovery or 

other proceedings in this matter: 

1.

Petitioner may have failed to state a claim upon which relief may be

granted, and the Petition may be subject to dismissal under MCR 2.116(C)(8) and 

2.116(C)(10). 

2.

The Petition may be barred because of: release, and/or payment, and/or

prior judgment, and/or immunity granted by law, and/or assumption of risk, and/or 

fraud, and/or estoppel, and/or statute of limitations, and/or lack of jurisdiction over 

the person or property, and/or lack of subject matter jurisdiction, and/or insufficient 

process and service of process, and/or lack of legal capacity, and/or lack of case or 

controversy and/or existence of another action involving the same claim and parties 

to the extent discovery reveals the applicability of the same. 

3.

Treasury reserves the right to add additional affirmative defenses as

they become known and necessary. 

WHEREFORE, Respondent, Michigan Department of Treasury, respectfully 

requests that this Honorable Tribunal deny Petitioner any relief under the Petition, 

dismiss said Petition with prejudice, and award costs to Treasury.

Page 22

21 

Respectfully submitted, 

/s/ Wesley M. Margeson 

Wesley M. Margeson (P81232) 

Jadranko J. Tomic Bobas (P75494) 

Assistant Attorneys General 

Michigan Dep’t of Attorney General 

Revenue and Tax Division 

Attorneys for Respondent 

P.O. Box 30754 

Lansing, MI 48909 

(517) 335-7584

MargesonW@michigan.gov

TomicBobasJ@michigan.gov

Dated: October 15, 2026

Page 23

Exhibit

Page 24

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 1 

Michigan Bill for Taxes Due 

red 

Final Assessment 

Issued under authority of P.A. 122 of 1941, as amended. 

Collection Services Bureau 

P.O. Box 30199 

Lansing, 

MI 48909 

etreas.michigan.govi/collections 

BINSONS HOSPITAL SUPPLIES INC 

26834 LAWRENCE 

CENTER LINE, MI 48015-1262 

Amount Due: 

$64,563.24 

For payment options, pay online at 

etreas.michigan.gov/collections 

Assessment Number 

1506997 

Tax Type 

Michigan Sales Tax 

Notice Date: 

April 01, 2026 

Account Number: 

I 

Letter ID: 

100015461994 

Refer To: 

Collection Services Bureau 

For Billing Questions: 

517-636-6925 

For Payment Options: 

517-827-3227 

Billing Summary 

Tax Due 

$62,843.70 

Penalty 

$0.00 

Interest 

$1,719.54 

Total Due 

$64,563.24 

Tax Period 

12/31/2020 

Reason for Bill 

WE CORRECTED THE TAXABLE PERIOD(S) SHOWN ABOVE BASED ON THE ACTUAL/AMENDED RETURN(S) OR ADDITIONAL 

INFORMATION RECEIVED. 

For monthly PENALTY/INTEREST provisions, correspondence and informal conference information, see page 3. 

Detach and mail the payment voucher with your payment. Do not staple. 

Michigan Department of Treasury 

5790 (Rev. 05-22) 

Final Bill for Taxes Due 

Make your check payable to "State of Michigan". Write your Account 

Number and Assessment Number on all checks and correspondence. 

Allow up to 14 days for mailing and processing. A return envelope is 

Issued under authority of Public Act 122 of 1941, as amended. 

Assessment 

Number 

Date Issued 

1506997 

04/01/2026 

Taxpayer Name 

enclosed for your convenience. Mail payment and this Voucher to: 

MICHIGAN DEPARTMENT OF TREASURY 

P.O. BOX 77000 

DEPARTMENT 77437 

DETROIT, MI 48277-0437 

BINSONS HOSPITAL SUPPLIES INC 

Account Number 

WRITE PAYMENT 

AMOUNT HERE 

$ 

To pay online and view account details, go to 

etreas.michigan.gov/collections. 

Notify the Collection Services Bureau in writing if 

your address above is incorrect. 

Efe

Page 25

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 2 

“This page has been intentionally left blank”

Page 26

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 3 

’ 

Michigan Bill for Taxes Due 

= 

' 

mY 

Final Assessment 

Issued under authority of P.A. 122 of 1941, as amended. 

etreas.michigan.govi/collections 

rg 

Collection Services Bureau 

P.O. Box 30199 

Lansing, 

MI 48909 

If you disagree with this bill, please select one of the following options: 

For general information regarding why this Bill for Taxes Due was sent 

Contact the Tax Division printed at the top of this form. 

You can also visit michigan.gov/taxes for information and forms 

To file an appeal: 

You may appeal all or parts of this Final Bill for Taxes Due directly to Tax 

Tribunal within 60 days or to the court of Claims within 90 days of date on 

this bill. The uncontested portion must be paid before you appeal. 

Contact the Tax Tribunal: 

You can appeal to the Tax Tribunal by filing a petition, 

with filing fee to PO Box 30232 Lansing, MI 48909. Include a 

copy of this Final Bill for Taxes Due with the petition. 

Visit michigan.gov/taxtrib for additional information 

Contact the Court of Claims: 

You can appeal to the Court of Claims by filing a complaint 

with the Court of Claims at any of its district offices. 

For contact information for the Court of Claims District Offices 

visit courts.michigan.gov/courts/court-of-claims/contact-information 

To file Sales, Use, or Withholding returns or amended returns for tax 

years 2015 or newer, please use Michigan Treasury Online (MTO) 

Visit Michigan Treasury Online (MTO): 

mto.treasury.michigan.gov 

To send correspondence, returns not filed on MTO, and/or amended return 

related to, and/or amended returns related to this Bill for Taxes Due. 

Include your account number on all correspondence 

Send information to: 

Michigan Department of Treasury 

Collection Services Bureau 

PO Box 30199 

Lansing, MI 48909-7699 

If you agree with this bill, please select one of the following payment options: 

Additional penalty and interest will be applied to your account at the beginning of each month. If your payment will not be received by the last day of the 

month, visit michigan.gov/taxes/business-taxes/mto/tax-interest-rate-calculation to estimate additional penalty and interest 

To pay online 

Visit: 

etreas.michigan.gov/collections 

Payments can be made using a checking account, savings account, or 

debit/credit card 

To view account information online 

Visit: 

etreas.michigan.gov/collections 

For payment arrangements and/or to correct address information 

Contact: 

Collection Services Bureau at 517-636-5265 

To pay by mail: 

Make your check payable to the State of Michigan and include your 

account number on the payment(s) 

Send payment to: 

MICHIGAN DEPARTMENT OF TREASURY 

P.O. BOX 77000 

DEPARTMENT 77437 

DETROIT, MI 48277-0437

Page 27

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 4 

“This page has been intentionally left blank”

Page 28

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 1 

Michigan Bill for Taxes Due 

Final Assessment 

}5t 

BINSONS HOSPITAL SUPPLIES INC 

26834 LAWRENCE 

CENTER LINE, MI 48015-1281 

Amount Due: 

$210,028.57 

For payment options, pay online at 

etreas.michigan.gov/collections 

Assessment Number 

Issued under authority of P.A. 122 of 1941, as amended. 

Collection Services Bureau 

P.O. Box 30199 

Lansing, 

MI 48909 

etreas.michigan.govi/collections 

Notice Date: 

October 31, 2025 

Account Number: 

|] 

Letter ID: 

100014327628 

Refer To: 

Collection Services Bureau 

For Billing Questions: 

517-636-6925 

For Payment Options: 

517-827-3227 

Billing Summary 

Tax Due 

$164,938.92 

Penalty 

$0.00 

Interest 

$45,089.65 

Total Due 

$210,028.57 

Tax Period 

Tax Type 

1759632 

Michigan Sales Tax 

12/31/2021 

Reason for Bill 

THE DEFICIENCY IS BASED ON AN AUDIT CONDUCTED BY THE MICHIGAN DEPARTMENT OF TREASURY. 

For monthly PENALTY/INTEREST provisions, correspondence and informal conference information, see page 3. 

Detach and mail the payment voucher with your payment. Do not staple. 

Michigan Department of Treasury 

5790 (Rev. 05-22) 

Final Bill for Taxes Due 

Make your check payable to "State of Michigan". Write your Account 

Number and Assessment Number on all checks and correspondence. 

Allow up to 14 days for mailing and processing. A return envelope is 

enclosed for your convenience. Mail payment and this Voucher to: 

MICHIGAN DEPARTMENT OF TREASURY 

P.O. BOX 77000 

DEPARTMENT 77437 

DETROIT, MI 48277-0437 

Issued under authority of Public Act 122 of 1941, as amended. 

Assessment Number 

Date Issued 

1759632 

10/31/2025 

Taxpayer Name 

BINSONS HOSPITAL SUPPLIES INC 

ii ii 

WRITE PAYMENT 

AMOUNT HERE 

$ 

To pay online and view account details, go to 

etreas.michigan.gov/collections. 

Notify the Collection Services Bureau in writing if 

your address above is incorrect.

Page 29

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 2 

“This page has been intentionally left blank”

Page 30

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 3 

’ 

Michigan Bill for Taxes Due 

= 

' 

mY 

Final Assessment 

Issued under authority of P.A. 122 of 1941, as amended. 

etreas.michigan.govi/collections 

rg 

Collection Services Bureau 

P.O. Box 30199 

Lansing, 

MI 48909 

If you disagree with this bill, please select one of the following options: 

For general information regarding why this Bill for Taxes Due was sent 

Contact the Tax Division printed at the top of this form. 

You can also visit michigan.gov/taxes for information and forms 

To file an appeal: 

You may appeal all or parts of this Final Bill for Taxes Due directly to Tax 

Tribunal within 60 days or to the court of Claims within 90 days of date on 

this bill. The uncontested portion must be paid before you appeal. 

Contact the Tax Tribunal: 

You can appeal to the Tax Tribunal by filing a petition, 

with filing fee to PO Box 30232 Lansing, MI 48909. Include a 

copy of this Final Bill for Taxes Due with the petition. 

Visit michigan.gov/taxtrib for additional information 

Contact the Court of Claims: 

You can appeal to the Court of Claims by filing a complaint 

with the Court of Claims at any of its district offices. 

For contact information for the Court of Claims District Offices 

visit courts.michigan.gov/courts/court-of-claims/contact-information 

To file Sales, Use, or Withholding returns or amended returns for tax 

years 2015 or newer, please use Michigan Treasury Online (MTO) 

Visit Michigan Treasury Online (MTO): 

mto.treasury.michigan.gov 

To send correspondence, returns not filed on MTO, and/or amended return 

related to, and/or amended returns related to this Bill for Taxes Due. 

Include your account number on all correspondence 

Send information to: 

Michigan Department of Treasury 

Collection Services Bureau 

PO Box 30199 

Lansing, MI 48909-7699 

If you agree with this bill, please select one of the following payment options: 

Additional penalty and interest will be applied to your account at the beginning of each month. If your payment will not be received by the last day of the 

month, visit michigan.gov/taxes/business-taxes/mto/tax-interest-rate-calculation to estimate additional penalty and interest 

To pay online 

Visit: 

etreas.michigan.gov/collections 

Payments can be made using a checking account, savings account, or 

debit/credit card 

To view account information online 

Visit: 

etreas.michigan.gov/collections 

For payment arrangements and/or to correct address information 

Contact: 

Collection Services Bureau at 517-636-5265 

To pay by mail: 

Make your check payable to the State of Michigan and include your 

account number on the payment(s) 

Send payment to: 

MICHIGAN DEPARTMENT OF TREASURY 

P.O. BOX 77000 

DEPARTMENT 77437 

DETROIT, MI 48277-0437

Page 31

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 4 

“This page has been intentionally left blank”

Page 32

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 1 

Michigan Bill for Taxes Due 

Final Assessment 

}5t 

BINSONS HOSPITAL SUPPLIES INC 

26834 LAWRENCE 

CENTER LINE, MI 48015-1281 

Amount Due: 

$187,508.44 

For payment options, pay online at 

etreas.michigan.gov/collections 

Assessment Number 

1759637 

Issued under authority of P.A. 122 of 1941, as amended. 

Tax Type 

Michigan Sales Tax 

Collection Services Bureau 

P.O. Box 30199 

Lansing, 

MI 48909 

etreas.michigan.govi/collections 

Notice Date: 

October 31, 2025 

Account Number: 

Letter ID: 

100014327620 

Refer To: 

Collection Services Bureau 

For Billing Questions: 

517-636-6925 

For Payment Options: 

517-827-3227 

Billing Summary 

Tax Due 

$152,631.00 

Penalty 

$0.00 

Interest 

$34,877.44 

Total Due 

$187,508.44 

Tax Period 

12/31/2022 

Reason for Bill 

CL 

THE DEFICIENCY IS BASED ON AN AUDIT CONDUCTED BY THE MICHIGAN DEPARTMENT OF TREASURY. 

For monthly PENALTY/INTEREST provisions, correspondence and informal conference information, see page 3. 

Detach and mail the payment voucher with your payment. Do not staple. 

Michigan Department of Treasury 

5790 (Rev. 05-22) 

Final Bill for Taxes Due 

Make your check payable to "State of Michigan". Write your Account 

Number and Assessment Number on all checks and correspondence. 

Allow up to 14 days for mailing and processing. A return envelope is 

enclosed for your convenience. Mail payment and this Voucher to: 

MICHIGAN DEPARTMENT OF TREASURY 

P.O. BOX 77000 

DEPARTMENT 77437 

DETROIT, MI 48277-0437 

Issued under authority of Public Act 122 of 1941, as amended. 

Assessment Number 

1759637 

Taxpayer Name 

BINSONS HOSPITAL SUPPLIES INC 

Account Number 

Date Issued 

10/31/2025 

WRITE PAYMENT 

AMOUNT HERE 

$ 

To pay online and view account details, go to 

etreas.michigan.gov/collections. 

Notify the Collection Services Bureau in writing if 

your address above is incorrect.

Page 33

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 2 

“This page has been intentionally left blank”

Page 34

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 3 

’ 

Michigan Bill for Taxes Due 

= 

' 

mY 

Final Assessment 

Issued under authority of P.A. 122 of 1941, as amended. 

etreas.michigan.govi/collections 

rg 

Collection Services Bureau 

P.O. Box 30199 

Lansing, 

MI 48909 

If you disagree with this bill, please select one of the following options: 

For general information regarding why this Bill for Taxes Due was sent 

Contact the Tax Division printed at the top of this form. 

You can also visit michigan.gov/taxes for information and forms 

To file an appeal: 

You may appeal all or parts of this Final Bill for Taxes Due directly to Tax 

Tribunal within 60 days or to the court of Claims within 90 days of date on 

this bill. The uncontested portion must be paid before you appeal. 

Contact the Tax Tribunal: 

You can appeal to the Tax Tribunal by filing a petition, 

with filing fee to PO Box 30232 Lansing, MI 48909. Include a 

copy of this Final Bill for Taxes Due with the petition. 

Visit michigan.gov/taxtrib for additional information 

Contact the Court of Claims: 

You can appeal to the Court of Claims by filing a complaint 

with the Court of Claims at any of its district offices. 

For contact information for the Court of Claims District Offices 

visit courts.michigan.gov/courts/court-of-claims/contact-information 

To file Sales, Use, or Withholding returns or amended returns for tax 

years 2015 or newer, please use Michigan Treasury Online (MTO) 

Visit Michigan Treasury Online (MTO): 

mto.treasury.michigan.gov 

To send correspondence, returns not filed on MTO, and/or amended return 

related to, and/or amended returns related to this Bill for Taxes Due. 

Include your account number on all correspondence 

Send information to: 

Michigan Department of Treasury 

Collection Services Bureau 

PO Box 30199 

Lansing, MI 48909-7699 

If you agree with this bill, please select one of the following payment options: 

Additional penalty and interest will be applied to your account at the beginning of each month. If your payment will not be received by the last day of the 

month, visit michigan.gov/taxes/business-taxes/mto/tax-interest-rate-calculation to estimate additional penalty and interest 

To pay online 

Visit: 

etreas.michigan.gov/collections 

Payments can be made using a checking account, savings account, or 

debit/credit card 

To view account information online 

Visit: 

etreas.michigan.gov/collections 

For payment arrangements and/or to correct address information 

Contact: 

Collection Services Bureau at 517-636-5265 

To pay by mail: 

Make your check payable to the State of Michigan and include your 

account number on the payment(s) 

Send payment to: 

MICHIGAN DEPARTMENT OF TREASURY 

P.O. BOX 77000 

DEPARTMENT 77437 

DETROIT, MI 48277-0437

Page 35

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 4 

“This page has been intentionally left blank”

Page 36

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 1 

Michigan Bill for Taxes Due 

Final Assessment 

Issued under authority of P.A. 122 of 1941, as amended. 

Collection Services Bureau 

P.O. Box 30199 

Lansing, 

MI 48909 

etreas.michigan.govi/collections 

BINSONS HOSPITAL SUPPLIES INC 

26834 LAWRENCE 

CENTER LINE, MI 48015-1262 

Amount Due: 

$159,878.83 

For payment options, pay online at 

etreas.michigan.gov/collections 

Assessment Number 

1507021 

Tax Type 

Michigan Sales Tax 

Notice Date: 

April 01, 2026 

Account Number: 

Letter ID: 

100015461999 

Refer To: 

Collection Services Bureau 

For Billing Questions: 

517-636-6925 

For Payment Options: 

517-827-3227 

Billing Summary 

Tax Due 

$134,476.54 

Penalty 

$0.00 

Interest 

$25,402.29 

Total Due 

$159,878.83 

Tax Period 

12/31/2023 

Reason for Bill 

WE CORRECTED THE TAXABLE PERIOD(S) SHOWN ABOVE BASED ON THE ACTUAL/AMENDED RETURN(S) OR ADDITIONAL 

INFORMATION RECEIVED. 

For monthly PENALTY/INTEREST provisions, correspondence and informal conference information, see page 3. 

Detach and mail the payment voucher with your payment. Do not staple. 

Michigan Department of Treasury 

5790 (Rev. 05-22) 

Final Bill for Taxes Due 

Make your check payable to "State of Michigan". Write your Account 

Number and Assessment Number on all checks and correspondence. 

Allow up to 14 days for mailing and processing. A return envelope is 

enclosed for your convenience. Mail payment and this Voucher to: 

MICHIGAN DEPARTMENT OF TREASURY 

P.O. BOX 77000 

DEPARTMENT 77437 

DETROIT, MI 48277-0437 

Issued under authority of Public Act 122 of 1941, as amended. 

Assessment Number 

1507021 

Taxpayer Name 

BINSONS HOSPITAL SUPPLIES INC 

Account Number 

Date Issued 

04/01/2026 

WRITE PAYMENT 

AMOUNT HERE 

$ 

To pay online and view account details, go to 

etreas.michigan.gov/collections. 

Notify the Collection Services Bureau in writing if 

your address above is incorrect.

Page 37

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 2 

“This page has been intentionally left blank”

Page 38

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 3 

’ 

Michigan Bill for Taxes Due 

= 

' 

mY 

Final Assessment 

Issued under authority of P.A. 122 of 1941, as amended. 

etreas.michigan.govi/collections 

rg 

Collection Services Bureau 

P.O. Box 30199 

Lansing, 

MI 48909 

If you disagree with this bill, please select one of the following options: 

For general information regarding why this Bill for Taxes Due was sent 

Contact the Tax Division printed at the top of this form. 

You can also visit michigan.gov/taxes for information and forms 

To file an appeal: 

You may appeal all or parts of this Final Bill for Taxes Due directly to Tax 

Tribunal within 60 days or to the court of Claims within 90 days of date on 

this bill. The uncontested portion must be paid before you appeal. 

Contact the Tax Tribunal: 

You can appeal to the Tax Tribunal by filing a petition, 

with filing fee to PO Box 30232 Lansing, MI 48909. Include a 

copy of this Final Bill for Taxes Due with the petition. 

Visit michigan.gov/taxtrib for additional information 

Contact the Court of Claims: 

You can appeal to the Court of Claims by filing a complaint 

with the Court of Claims at any of its district offices. 

For contact information for the Court of Claims District Offices 

visit courts.michigan.gov/courts/court-of-claims/contact-information 

To file Sales, Use, or Withholding returns or amended returns for tax 

years 2015 or newer, please use Michigan Treasury Online (MTO) 

Visit Michigan Treasury Online (MTO): 

mto.treasury.michigan.gov 

To send correspondence, returns not filed on MTO, and/or amended return 

related to, and/or amended returns related to this Bill for Taxes Due. 

Include your account number on all correspondence 

Send information to: 

Michigan Department of Treasury 

Collection Services Bureau 

PO Box 30199 

Lansing, MI 48909-7699 

If you agree with this bill, please select one of the following payment options: 

Additional penalty and interest will be applied to your account at the beginning of each month. If your payment will not be received by the last day of the 

month, visit michigan.gov/taxes/business-taxes/mto/tax-interest-rate-calculation to estimate additional penalty and interest 

To pay online 

Visit: 

etreas.michigan.gov/collections 

Payments can be made using a checking account, savings account, or 

debit/credit card 

To view account information online 

Visit: 

etreas.michigan.gov/collections 

For payment arrangements and/or to correct address information 

Contact: 

Collection Services Bureau at 517-636-5265 

To pay by mail: 

Make your check payable to the State of Michigan and include your 

account number on the payment(s) 

Send payment to: 

MICHIGAN DEPARTMENT OF TREASURY 

P.O. BOX 77000 

DEPARTMENT 77437 

DETROIT, MI 48277-0437

Page 39

Michigan Department of Treasury 

6001 (Rev. 03-22), Page 4 

“This page has been intentionally left blank”

Page 40

Exhibit

Page 41

STATE OF MICHIGAN 

DEPARTMENT OF TREASURY 

DECISION AND ORDER OF DETERMINATION 

Binson’s Hospital Supplies Inc 

Docket No. 2025-1111 

Kevin Gerback 

Michigan Sales Tax 

26834 Lawrence Avenue 

Intents to Assess 1506997, 1507001, 

Center Line, MI 48015 

1759623, 

1507011, 

1759637 

& 

1509021 

Audit Period: 07/01/2020 –12/31/2023 

The Department, having reviewed the recommendation of the Referee in the above captioned 

matter, and being advised in the premises; and 

It appearing that this recommendation is supported by authority and reasoned opinion, and 

that the same accordingly be accepted; 

It is ordered and determined that 2020 Intent to Assess 1506997 be upheld, as adjusted, for tax 

in the amount of $82,608.63 and interest. 

It is ordered and determined that 2021 Intent to Assess 1507001 be cancelled, and Intent to 

Assess 1759632 is upheld as adjusted for tax in the amount of $164,938.92 and interest. 

It is ordered and determined that 2022 Intent to Assess 1507011 be cancelled, and Intent to 

Assess 1759637 is upheld as adjusted for tax in the amount of $152,631.00 and interest. 

It is ordered and determined that 2023 Intent to Assess 1507021 be upheld, as adjusted, for tax 

in the amount of $147,391.54 and interest. 

It is further ordered and determined that the Department shall issue final assessments against 

you for the tax and interest remaining due after application of payments received. The tax due 

on these assessments will be subject to the accrual of additional interest as provided by 

sections 23 and 24 of 1941 PA 122, as amended. Any final assessments issued will provide your 

appeal rights with respect to those assessments.

Page 42

Docket No. 2025-1111 

Page 2 of 2 

If you disagree with all or part of this Decision and Order of Determination you may, as 

provided at MCL 205.22, appeal to the Michigan Tax Tribunal within 60 days of this Decision 

and Order of Determination, or to the Michigan Court of Claims at any of its District Offices, 

within 90 days of this Decision and Order of Determination. All undisputed amounts must be 

paid prior to appeal. Appeal instructions and contact information for the Michigan Tax Tribunal 

are available at www.mi.gov/taxtrib. Appeal instructions and contact information for the Court 

of Claims District Offices are available at www.courts.mi.gov/courts/court-of-claims. 

DATED: MAR 20, 2026 

____________________________ 

Regina R. Blough, Administrator 

Hearings Division 

On Behalf of the State Treasurer 

cc: 

Fasse Law PLLC 

Brandon Fasse 

25790 Commerce Dr, Ste 110 

Madison Heights, MI 48071 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Page 43

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

BINSON’S HOSPITAL SUPPLIES, INC., 

Petitioner, 

v 

MICHIGAN DEPARTMENT OF 

TREASURY, 

Respondent. 

 / 

Fasse Law PLLC 

Brandon K. Fasse (P80370) 

Attorney for the Petitioner 

25790 Commerce Dr. 

Suite 110 

Madison Heights, MI 48071 

(800) 604-5386

Brandon@fasselaw.com

 

MTT Docket # 26-001081 

Wesley M. Margeson (P81232) 

Jadranko J. Tomic Bobas (P75494) 

Assistant Attorneys General 

Michigan Dep’t of Attorney General 

Revenue and Tax Division 

Attorneys for Respondent 

P.O. Box 30754 

Lansing, MI 48909 

(517) 335-7584

MargesonW@michigan.gov

 TomicBobasJ@michigan.gov

 / 

PROOF OF SERVICE 

Reatha K. Gates states that on this 15th day of October 2026, she served a 

copy of the Respondent Michigan Department of Treasury’s Answer to Petition and 

Affirmative Defenses. along with a copy of this Proof of Service, upon the following:

Page 44

2 

Fasse Law PLLC 

Brandon K. Fasse 

25790 Commerce Dr. 

Suite 110 

Madison Heights, MI 48071 

by depositing same in a receptacle of the United States Post Office in the City of 

Lansing, Michigan, enclosed in an envelope, plainly addressed, bearing postage 

fully prepaid. 

I declare that the above statement is true to the best of my knowledge, 

information, and belief. 

/s/ Reatha Gates 

Reatha Gates, Legal Secretary

PDF reading copy

← View full record