TREPTE v. DEPARTMENT OF REVENUE

No. 188.

56 Wis.2d 81 (1972)

201 N.W.2d 567

TREPTE and another, Appellants, v. DEPARTMENT OF REVENUE, Respondent.

Supreme Court of Wisconsin.

Decided October 31, 1972.


Attorney(s) appearing for the Case

For the appellants there was a brief by Michael, Best & Friedrich, attorneys, and Roy C. LaBudde and Robert A. Schnur, of counsel, all of Milwaukee, and oral argument by Mr. Schnur.

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


WILKIE, J.

One issue is raised by this appeal: Do appellants have the right to deduct, under Wisconsin income tax law, the state tax prepayments made by them in 1964 for the 1965 tax year pursuant to sec. 71.21 (19) (a), Stats. 1963, in either 1964 or 1965, or in neither?

It is appellants' essential argument that their state income tax prepayment in 1964 for the 1965 taxable year is a "changing basis asset" and hence within sec. 71.05 (2), Stats. 1965, dealing...

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