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NEU'S SUPPLY LINE v. DEPARTMENT OF TAXATION

No. 276.

39 Wis.2d 584 (1968)

159 N.W.2d 742

NEU'S SUPPLY LINE, INC., and another, Appellants, v. DEPARTMENT OF TAXATION (Department of Revenue), and others, Respondents.

Supreme Court of Wisconsin.

Decided June 28, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Niebler & Herro of Milwaukee, and oral argument by John H. Niebler.

For the respondents the cause was argued by E. Weston Wood, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

CONNOR T. HANSEN, J.

The issue to be determined is whether the issuance of a subpoena duces tecum by the Department of Taxation pursuant to secs. 71.11(20) and 73.03(9), Stats., which subpoena on its face calls for information beyond the limitation periods specified in sec. 71.11 (21) (a), (bm), and (g),3 constitutes a determination of law or fact within...

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