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WALL v. DEPARTMENT OF REVENUE

No. 89-2017.

157 Wis.2d 1 (1990)

458 N.W.2d 814

Thomas WALL, Petitioner-Respondent, v. Wisconsin DEPARTMENT OF REVENUE, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided May 23, 1990.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, there was a brief by Donald J. Hanaway, attorney general, and Edward S. Marion, assistant attorney general. There was oral argument by Edward S. Marion, assistant attorney general.

On behalf of the petitioner-respondent, there was a brief and oral argument by Gaar W. Steiner of Michael, Best & Friedrich of Milwaukee.

Before Nettesheim, P.J., Brown and Scott, JJ.

SCOTT, J.

The Department of Revenue appeals from a judgment reversing a decision of the Wisconsin Tax Appeals Commission which had affirmed the department's earlier determination that Thomas Wall underpaid his income taxes for the years 1982-84. The department raises three issues on appeal: (1) whether improper service deprived the circuit court of subject matter jurisdiction; (2) whether for tax purposes record title constitutes legal title; and (3) whether 100%...

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