Sportech argues that it is a game of chance and therefore it should not have paid VAT on the game between 1979 and 1996.
Sportech first lodged its claim, for £40 million, in 2009 but time has pushed the total, including interest, to £97 million.
“Sportech will file its notice of objection to such application by next Monday, and has been advised that it should expect to hear by the autumn whether HMRC has been granted the right to appeal to the Supreme Court,” it said in a statement.