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FACCIOLO v. STATE DIVISION OF REVENUE

358 A.2d 880 (1976)

Ellen FACCIOLO, Defendant-below Appellant, v. STATE of Delaware, DIVISION OF REVENUE, Plaintiff-below Appellee, v. James V. FACCIOLO, Defendant-below Appellee.

Supreme Court of Delaware.

Decided April 28, 1976.

Attorney(s) appearing for the Case

Carl A. Agostini, Roeberg & Agostini, Wilmington, for defendant below, appellant.

A. Gary Wilson, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

Francis J. Trzuskowski, Kipp & Trzuskowski, Wilmington, for defendant below, appellee.

Before HERRMANN, Chief Justice, DUFFY and McNEILLY, Justices.

PER CURIAM:

The defendant, Ellen Facciolo, appeals the Superior Court's denial of her motion to vacate the joint liability judgment obtained by the State for unpaid personal income taxes. The judgment stemmed from a 1970 joint Delaware income tax return, signed for Mrs. Facciolo by her husband, and a "combined separate" State income tax return filed for 1971.

In the Superior Court, Mrs. Facciolo asserted that she had not signed, nor authorized anyone to sign...

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