LANGROCK v. DEPARTMENT OF TAXES

No. 97-80.

423 A.2d 838 (1980)

Peter F. LANGROCK and William S. Rule v. DEPARTMENT OF TAXES.

Supreme Court of Vermont.

November 5, 1980.


Attorney(s) appearing for the Case

Langrock, Sperry, Parker & Stahl, Middlebury, for plaintiffs.

M. Jerome Diamond, Atty. Gen., and Edwin L. Hobson, Asst. Atty. Gen., Montpelier, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


PER CURIAM.

This appeal involves the proper method for assessing the Vermont land gains tax. 32 V.S.A. § 10003. Appellant sold approximately four acres of land he had held between four and five years. Interpreting the tax rates as if they were marginal rates, appellant filed a return of $567.00. The Department of Taxes, using flat rates, found a deficiency of $190.71. The Commissioner of Taxes upheld the deficiency assessment. From an Addison Superior Court decision...

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