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MITCHELL v. DEPARTMENT OF REVENUE

No. 81-2481.

113 Wis.2d 138 (1983)

334 N.W.2d 276

William A. MITCHELL, Petitioner-Appellant, v. Wisconsin DEPARTMENT OF REVENUE, Respondent.

Court of Appeals of Wisconsin.

Decided April 26, 1983.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of Trebon & Schoenfeld of Milwaukee.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and F. Thomas Creeron III, assistant attorney general.

Before Gartzke, P.J., Dykman, J. and W.L. Jackman, Reserve Judge.

GARTZKE, P.J.

The taxpayer, William Mitchell, appeals from a judgment affirming a decision of the Wisconsin Tax Appeals Commission. The commission denied Mitchell's application to set aside assessments of additional sales tax for 1974, 1975 and 1976. The issues are whether Mitchell is entitled under sec. 77.51(11) (c)5, Stats. 1977, to a credit for the sales tax he paid when he purchased amusement machines against the sales tax he paid on the gross receipts from the...

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