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TRANSAMERICA FINANCIAL CORP. v. DEPT. OF REVENUE

Nos. 126, 127.

56 Wis.2d 57 (1972)

201 N.W.2d 552

TRANSAMERICA FINANCIAL CORPORATION, Respondent, v. DEPARTMENT OF REVENUE, Appellant. TRANSAMERICA FINANCIAL CORPORATION, Respondent, v. MORGAN, Secretary of Department of Revenue, Appellant.

Supreme Court of Wisconsin.

Decided October 31, 1972.

Attorney(s) appearing for the Case

For the appellants the cause was argued by E. Weston Wood, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the respondent there was a brief by John M. Koeppl and Stafford, Rosenbaum, Rieser & Hansen, attorneys, and Robert Horowitz of counsel, all of Madison, and oral argument by Mr. Koeppl and Mr. Horowitz.

HANLEY, J.

Three issues are presented on this appeal: (1) Is the phrase "total interest and dividends received" as set forth in sec. 71.07 (2), Stats., to be read literally as meaning all interest and dividends received, whether or not apportionable, or is the phrase to be read as including only interest and dividends received which are nonapportionable;

(2) Did the circuit court exceed its jurisdiction by directing the department to promulgate an apportionment...

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