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DEPARTMENT OF TAXATION v. O. H. KINDT MFG. CO.

13 Wis.2d 258 (1961)

DEPARTMENT OF TAXATION, Appellant, v. O. H. KINDT MANUFACTURING COMPANY, Respondent.

Supreme Court of Wisconsin.

April 4, 1961.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Harold H. Persons, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general.

For the respondent there was a brief and oral argument by John D. Cahill of Milwaukee.

CURRIE, J.

The brief of the department states that it was impelled to appeal the result below to this court because of the determination of the circuit court that the instant additional assessment of income taxes was not the result of an office audit within the meaning of sec. 71.11 (16), Stats.1 It is pointed out that unless the department had so appealed it would be deemed to have acquiesced...

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