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CONSOLIDATED FREIGHTWAYS v. DOR

No. 89-1720.

157 Wis.2d 65 (1990)

458 N.W.2d 550

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Petitioner-Appellant, v. Wisconsin DEPARTMENT OF REVENUE, Respondent.

Court of Appeals of Wisconsin.

Decided June 14, 1990.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was orally argued by John H. Lederer and submitted on the briefs of John Duncan Varda and John H. Lederer of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C. of Madison.

For the respondent the cause was orally argued by Alan M. Lee, assistant attorney general, and submitted on the brief of Donald J. Hanaway, attorney general, and Burneatta L. Bridge, assistant attorney general, of Madison.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

EICH, C.J.

Consolidated Freightways Corporation appeals from an order affirming a decision of the Wisconsin Tax Appeals Commission. The Department of Revenue assessed additional franchise taxes against Consolidated for the years 1974-77. The commission affirmed the department's decision denying Consolidated's petition for a redetermination of the assessment, and the circuit court affirmed.

Consolidated challenges the formula used by the department to determine...

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