SMITH v. DEPARTMENT OF TAXATION


261 Wis. 143 (1952)

SMITH and others, Appellants, vs. DEPARTMENT OF TAXATION, Respondent. [Eight cases.]

Supreme Court of Wisconsin.

March 4, 1952.


Attorney(s) appearing for the Case

For the appellants, except Mrs. June Smith Rhea, there were briefs by Leekley & Williams of Milwaukee, and for Mrs. Rhea by Daniel M. Schuyler of Chicago, Illinois, and oral argument by John Leekley.

For the respondent there was a brief by the Attorney General and Harold H. Persons, assistant attorney general, and oral argument by Mr. Persons.


CURRIE, J.

The sole question presented on this appeal is whether the plaintiffs were entitled under the provisions of sec. 71.04 (4), Stats. 1941, 1943, and 1945, to deduct from the gross income reported by them in their individual income-tax returns for the years 1942-1945, inclusive, the amounts of dividends received from the Smith Investment Company.

While the facts are slightly different in the instant cases from those presented in Cudahy v. Department...

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