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STATE, DEPT. OF TAXES v. ZINN

No. 87-412.

552 A.2d 413 (1988)

STATE of Vermont, DEPARTMENT OF TAXES v. Walter and Cynthia ZINN.

Supreme Court of Vermont.

August 19, 1988.

Attorney(s) appearing for the Case

King & King, Waitsfield, for plaintiffs-appellees.

Jeffrey L. Amestoy, Atty. Gen., and Mary L. Bachman, Asst. Atty. Gen., Montpelier, for defendant-appellant.

Before ALLEN, C.J., PECK and GIBSON, JJ., and SPRINGER, District Judge (Ret.), Specially Assigned.

ALLEN, Chief Justice.

The Department of Taxes (Department) appeals from a superior court judgment in favor of taxpayers, reversing the Commissioner's order assessing a land gains tax against them under 32 V.S.A. § 1001. We reverse and remand.

Taxpayers sold a 10-acre parcel of land to purchasers on October 16, 1981 in a sale which was subject to a land gains tax of $11,087, pursuant to 32 V.S.A. § 1003....

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