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BOUCHARD v. CLARK

No. 88-287-M.P.

581 A.2d 715 (1990)

Maurice BOUCHARD, et al. v. R. Gary CLARK, Tax Administrator.

Supreme Court of Rhode Island.

November 1, 1990.

Attorney(s) appearing for the Case

Zvi H. Smith, DiSandro-Smith & Associates, Inc., Providence, for petitioners.

Marcia McGair Ippolito, Chief, Div. of Taxation, Bernard J. Lemos, Div. of Taxation, for respondent.

OPINION

FAY, Chief Justice.

The petitioners, Maurice and Lucille Bouchard, appeal by means of a writ of certiorari from a District Court judgment in favor of the respondent, R. Gary Clark, tax administrator, denying the petitioners' request for a refund of state income taxes paid on federal pension benefits. Additionally the petitioners assert, for the first time on appeal, that the taxation of federal pension benefits by the State of Rhode Island

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