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McMANUS v. DEPARTMENT OF REVENUE

No. 77-100.

91 Wis.2d 682 (1979)

283 N.W.2d 576

McMANUS, Petitioner-Appellant, v. DEPARTMENT OF REVENUE, Respondent.

Supreme Court of Wisconsin.

Decided October 9, 1979.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by W. Dan Bell, Jr., of Madison.

For the respondent the cause was argued by E. Weston Wood, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

HEFFERNAN, J.

This is an income tax case which poses the problem of the proper allocation of income and losses from jointly owned property. The question presented is whether a taxpayer who is a joint tenant with his wife in the ownership of a farm, the income of which is derived almost exclusively from rental payments and federal subsidies for keeping land out of production, can deduct all the farm losses on his personal...

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