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NCR CORP. v. DEPARTMENT OF REVENUE

No. 82-887.

112 Wis.2d 406 (1983)

332 N.W.2d 865

NCR CORPORATION, Petitioner-Respondent, v. Wisconsin DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Wisconsin.

Decided March 28, 1983.

Attorney(s) appearing for the Case

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

For the petitioner-respondent the cause was submitted on the brief of Ronald L. Walter and Foley & Lardner of Milwaukee.

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

GARTZKE, J.J.

The Wisconsin Department of Revenue appeals from a judgment which reversed a decision of the Wisconsin Tax Appeals Commission. The ultimate question is whether Appleton Papers' deduction from its gross income on its Wisconsin franchise tax return was properly taken in 1972. We hold that it was not properly taken in that year and reverse.

The facts are undisputed. Appleton Papers, a Delaware corporation, was merged into NCR Corporation, a Maryland...

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