COMPTROLLER OF TREASURY v. MOLLARD

No. 699, September Term, 1982.

53 Md. App. 631 (1983)

455 A.2d 72

COMPTROLLER OF THE TREASURY v. WESLEY N. MOLLARD.

Court of Special Appeals of Maryland.

Decided February 4, 1983.


Attorney(s) appearing for the Case

John K. Barry, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Gerald Langbaum, Assistant Attorney General, on the brief, for appellant.

Herman B. Rosenthal, with whom were Robert P. Mittelman and Semmes, Bowen & Semmes on the brief, for appellee.

The cause was argued before MASON, WEANT and BISHOP, JJ.


WEANT, J., delivered the opinion of the Court.

In this appeal, Comptroller of the Treasury, Income Tax Division, urges us to reverse the order of the Baltimore City Court which had affirmed the order of the Maryland Tax Court. The Tax Court held that Wesley N. Mollard, appellee, was not domiciled in Maryland on the last day of taxable year 1976. Appellant Comptroller contends the Tax Court used the wrong legal litmus paper to test the intent required to establish...

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