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BRUNER v. DEPARTMENT OF REVENUE

No. 301.

57 Wis.2d 70 (1973)

203 N.W.2d 663

BRUNER, Respondent, v. DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Wisconsin.

Decided January 30, 1973.

Attorney(s) appearing for the Case

For the appellant 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 Philip L. Bruner, attorney, and Briggs & Morgan of counsel, all of Saint Paul, Minnesota, and oral argument by Mr. Bruner.

HALLOWS, C. J.

The facts are not in dispute. Henry P. Bruner, a Wisconsin resident, created a revocable trust in which he designated himself as the beneficiary during his lifetime and appointed the Harris Trust & Savings Bank of Chicago, Illinois, as trustee. In 1965, the trust realized capital gains in the amount of $4,659.11 from the sale of stocks, bonds, and securities. These capital gains were retained by the trustee as a part of the trust assets and were...

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