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TORO CO. v. COMMISSIONER OF ECONOMIC SEC.

No. C8-84-854.

356 N.W.2d 789 (1984)

The TORO COMPANY, Relator, v. COMMISSIONER OF ECONOMIC SECURITY, Respondent.

Court of Appeals of Minnesota.

October 30, 1984.

Attorney(s) appearing for the Case

Timothy R. Quinn, Jeffrey B. Oberman, Doherty, Rumble & Butler, St. Paul, for relator.

Hubert H. Humphrey, III, Atty. Gen., Laura E. Mattson, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by POPOVICH, C.J., and PARKER and LANSING, JJ.

OPINION

PARKER, Judge.

This case comes before the court on a writ of certiorari from a decision issued by the Commissioner of Economic Security. The Commissioner ruled that portions of an employee's compensation deposited in an employer's health care expense account plan through salary deduction at the request of the employee are taxable as wages under the Minnesota Employment Services Law. We affirm in part and reverse in part.

FACTS

Relator...

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