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AMERICAN MOTORS CORP. v. DEPT. OF REVENUE

No. 124.

64 Wis.2d 337 (1974)

219 N.W.2d 300

AMERICAN MOTORS CORPORATION, Appellant, v. DEPARTMENT OF REVENUE, Respondent.

Supreme Court of Wisconsin.

Decided June 28, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Steven E. Keane, Joseph R. Barnett, Ronald L. Walter and Foley & Lardner, all of Milwaukee, and oral argument by Mr. Keane.

For the respondent the cause was argued by Allan P. Hubbard, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

The major issue here is whether the automobile sales by American Motors Corporation to American Motors Sales Corporation, for the four years involved, were Wisconsin sales under sec. 71.07 (2), Stats. 1969. The minor issue is whether the state, in the event of taxpayer refund, is entitled to offset an additional tax assessment for the year 1961 of $8,370.79, on which the statute of limitations has run. Since the statute involved in the refund...

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