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ANDERSON v. DEPT. OF REVENUE

No. 91-0167.

163 Wis.2d 1015 (1991)

473 N.W.2d 520

John A. ANDERSON, Plaintiff-Appellant, v. Wisconsin DEPARTMENT OF REVENUE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 2, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Michael D. Flanagan of Foley & Lardner, of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Gerald S. Wilcox, assistant attorney general, of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

John Anderson appeals a judgment affirming the Wisconsin Tax Appeals Commission determination that Anderson's income is subject to state income tax. Anderson contends that, although he resides off-reservation in Wisconsin, he is immune from state income tax for his on-reservation employment based on McClanahan v. State Tax Comm'n, 411 U.S. 164 (1973). Anderson alternatively contends that state income tax on Indian income...

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