On March 11, 2026, Cheesie’s Wicker Park filed a Petition at the Illinois Independent Tax Tribunal challenging a “Notice of Tentative Denial of Claim” issued by the Illinois Department of Revenue for Sales/Use Tax & E911 Surcharge.

Cheesie’s Wicker Park, LLC alleges it overpaid sales tax for the period January 2021 through November 2021 by including tips in taxable receipts and failing to account for tax already remitted through a marketplace facilitator. The company filed ST-1-X Amended Sales and Use Tax and E911 Surcharge Returns seeking approximately $46,453 in credits.

The Department’s September 2, 2025 Notice of Tentative Denial of Claim asserts that the refund claims are barred by the statute of limitations. The petition further notes that the Department’s Office of Administrative Hearings declined jurisdiction due to the amount at issue, directing the dispute to the Tax Tribunal.

The petition also alleges that similar claims for later periods were approved during an audit, and challenges the denial of earlier-period claims on both procedural and equitable grounds.

A taxpayer is contesting an Illinois Notice of Tentative Denial of Claim denying ST-1-X refund claims, with the dispute centered on statute of limitations and treatment of sales tax overpayments.

Sales tax overpayments tied to tips or marketplace facilitator reporting can be recoverable through ST-1-X Amended Returns, but refund claims are strictly time-limited. Coordination between audit activity and refund filings may affect whether earlier periods remain open.

The petition highlights a recurring issue in Illinois sales tax administration: the interaction between audit periods, amended return filings, and statute of limitations defenses. It also demonstrates that larger refund claims may bypass the Department’s administrative hearing process and proceed directly to the Illinois Independent Tax Tribunal.

Jake Leahy

Jake A. Leahy

Attorney

Jake A. Leahy is a tax attorney at Airdo Werwas who counsels nonprofits, local governments, and businesses in tax, regulatory, and commercial matters.

He is a former Assistant Illinois Attorney General in the Revenue Litigation Bureau, where he handled…

Jake A. Leahy

Attorney

Jake A. Leahy is a tax attorney at Airdo Werwas who counsels nonprofits, local governments, and businesses in tax, regulatory, and commercial matters.

He is a former Assistant Illinois Attorney General in the Revenue Litigation Bureau, where he handled estate tax litigation, collections audits, and matters involving various state agencies. He previously served as a Judicial Law Clerk in the Circuit Court of Cook County, Law Division, Tax & Miscellaneous Remedies Section, working on administrative review actions, commercial disputes, and tax-related litigation.

Jake previously served on the Board of Education for Bannockburn School District 106 from 2017 to 2023, including as Vice President from 2020 to 2023. His experience in local government informs his work with public-sector clients, boards, and nonprofit organizations.

Jake is active in professional and bar organizations. He serves as an Assembly Member of the Illinois State Bar Association, Chair of the Chicago Bar Association’s State & Local Tax Committee and Young Lawyers Section Federal Tax Committee, and a member of the Editorial Board of the DuPage County Bar Association. He was recognized by the Illinois State Bar Association with its Law Student Public Service Award during law school, and by the Internal Revenue Service for his work with the Low-Income Tax Clinic at Holy Name Cathedral.

Jake earned his LL.M. in Taxation from Georgetown University Law Center, his J.D. from the University of Illinois Chicago School of Law, and his B.A. from the University of Illinois at Urbana-Champaign. He is admitted to practice in Illinois, the U.S. Tax Court, and the U.S. District Court for the Northern District of Illinois.

Outside of practice, Jake has completed three marathons, is a regular at Wrigley Field, and appreciates Chicago architecture.

Education

    • Georgetown University Law Center, LL.M. in Taxation, 2025

    • University of Illinois Chicago School of Law, J.D., 2023

    • University of Illinois at Urbana-Champaign, B.A. Political Science: Public Policy & Democratic Institutions, 2019

Admitted to Practice

    • Northern District of Illinois, 2025

    • U.S. Tax Court, 2024

    • Illinois, 2023

Associations

    • Illinois State Bar Association

    • Chicago Bar Association

    • American Bar Association, Tax Section

    • DuPage County Bar Association

    • Celtic Law Association