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TAYLOR v. CONTA

No. 80-2221.

106 Wis.2d 321 (1982)

316 N.W.2d 814

Howard U. TAYLOR, Margaret T. Taylor, Wayne Thomas Feyereinsen, Frances C. Feyereisen, James W. McCarville, Karen Beth McCarville, Michael E. Fairfield and Donna J. Fairfield, Plaintiff-Appellants, v. Dennis J. CONTA, individually and as former Secretary of the Wisconsin Department of Revenue, and Mark E. Musolf, individually and as Secretary of the Wisconsin Department of Revenue, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided March 2, 1982.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there was a brief by Theodore C. Widder, III and Schlotthauer, Johnson, Mohs, MacDonald & Widder of Madison, and oral argument by Theodore C. Widder, III.

For the defendants-respondents the cause was argued by John J. Glinski, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

On certification from Court of Appeals.

SHIRLEY S. ABRAHAMSON, J.

The question presented on appeal is whether secs. 71.05(1) (a)5 and 71.05(1) (a)7, Stats. 1975, two provisions of the Wisconsin income tax law, contravene the privileges and immunities clause of the federal constitution. We affirm the judgment of the circuit court for Dane county, William D. Byrne, Circuit Judge, which declared the statutes constitutional and dismissed the action.

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