STATE TAX COMMISSION OF UTAH v. LOONEY

No. 19913.

696 P.2d 1206 (1985)

STATE TAX COMMISSION OF UTAH, Plaintiff and Respondent, v. James M. LOONEY, Defendant and Appellant.

Supreme Court of Utah.

January 29, 1985.


Attorney(s) appearing for the Case

James M. Looney, pro se.

David L. Wilkinson, Atty. Gen., James L. Barker, Jr., Gary R. Thorup, Stephen Schwendiman, Mary Beth Walz, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.


PER CURIAM:

Defendant appeals from an order of the district court holding him in contempt of a "writ of mandate" that required him to file tax returns for the years 1979, 1980, and 1981.

Defendant first challenges the appropriateness of a writ of mandate as the procedure to compel him to file a tax return. U.C.A., 1953, § 59-31-7(1) clearly provides that "[i]f a taxpayer fails to file any return required ..., the state tax commission may petition for...

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