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NICE v. STATE

No. 12359.

507 P.2d 527 (1973)

Robert A. NICE, Plaintiff and Respondent, v. The STATE of Montana et al., Defendants and Appellants.

Supreme Court of Montana.

Decided March 9, 1973.

Attorney(s) appearing for the Case

Michael E. Cooper (argued), Helena, for defendants and appellants.

John F. Bell (argued), Helena, Bolkovatz, Romine & Bell, Helena, for plaintiff and respondent.

HASWELL, Justice.

This is an appeal by the State Board of Equalization from an adverse judgment in an income tax case in the district court of Lewis and Clark County, the Honorable Peter G. Meloy, district judge, sitting without a jury. The case involves state income tax liability on federal retirement income received by retired military personnel living in Montana.

The district court held that the first $3,600 of federal retirement income received by a retired...

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