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KUHNEN v. MUSOLF

No. 86-0372.

143 Wis.2d 134 (1988)

420 N.W.2d 401

Michael W. KUHNEN, Cynthia J. Kuhnen, James J. Schmitz, and Joanne E. Schmitz, on behalf of themselves and all former residents of the State of Wisconsin in 1980, similarly situated, Plaintiffs-Appellants, v. Mark E. MUSOLF, individually and as Secretary of the State of Wisconsin Department of Revenue, and all his unknown agents, employees, successors in office, assistants and all others acting in concert or cooperation with him or at his direction or under his control, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 14, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Eugene O. Duffy and Russell C. Brannen, Jr., of O'Neil, Cannon & Hollman, S.C., of Milwaukee.

For the defendants-respondents the cause was submitted on the brief of Bronson C. La Follette, attorney general, and John J. Glinski, assistant attorney general.

Before Dykman, Eich and Sundby, JJ.

SUNDBY, J.

Michael Kuhnen, Cynthia Kuhnen, James Schmitz, and Joanne Schmitz on behalf of themselves and all former residents of the state in 1980, similarly situated, appeal from a judgment declaring constitutional secs. 71.05(1)(a)5 and 7, 71.09(6p)(d)1 and 71.53(6), Stats. (1979-80).1 Section 71.05(1)(a)5 includes in adjusted gross income subject to Wisconsin income tax gain on the sale or exchange of a principal residence excluded...

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