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PABST v. DEPARTMENT OF TAXATION

19 Wis.2d 313 (1963)

PABST and another, Trustees, Appellants, v. DEPARTMENT OF TAXATION, Respondent.

Supreme Court of Wisconsin.

March 5, 1963.

Attorney(s) appearing for the Case

For the appellants there were briefs by Michael, Best & Friedrich, attorneys, and Roy C. LaBudde and Frank J. Pelisek of counsel, all of Milwaukee, and oral argument by Mr. LaBudde.

For the respondent the cause was argued by E. Weston Wood, assistant attorney general, with whom on the brief were George Thompson, attorney general, and Harold H. Persons, assistant attorney general.

CURRIE, J.

This appeal presents these two questions:

(1) Was the instant inter vivos trust "administered" in Wisconsin during the years 1952, 1953, and 1954, within the meaning of sec. 71.08 (8), Stats.?

(2) If sec. 71.08 (8), Stats., is construed to subject the income of this trust for these three years to Wisconsin income tax, does this statute as so construed violate the dueprocess clause of the Fourteenth amendment to the United States constitution...

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