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MAGNUSON v. IDAHO STATE TAX COMMISSION

No. 12055.

556 P.2d 1197 (1976)

97 Idaho 917

Harry F. MAGNUSON and Colleen B. Magnuson, his wife, Plaintiff-Respondents, v. IDAHO STATE TAX COMMISSION, Defendant-Appellant.

Supreme Court of Idaho.

December 1, 1976.

Attorney(s) appearing for the Case

Dean W. Kaplan, Asst. Atty. Gen., Wayne L. Kidwell, Atty. Gen., Boise, for defendant-appellant.

E.L. Miller, of Miller & Knudson, Coeur d'Alene, Woolvin Patten, of LeSourd, Patten, Fleming & Hartung, Seattle, Wash., for plaintiff-respondents.

PER CURIAM:

The State Tax Commission appeals from an order granting summary judgment to taxpayers Harry F. and Colleen B. Magnuson and reversing the Commission's determination of the taxpayers' income tax deficiency for the years 1966 and 1967. The district court ruled that the Commission's action, which was initiated more than three years after the taxpayers' returns were filed, was barred by the statute of limitations on income tax assessments in I.C. § 63...

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