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CONSOLIDATED FREIGHTWAYS v. DOR

No.89-1720.

164 Wis.2d 764 (1991)

477 N.W.2d 44

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

Supreme Court of Wisconsin.

Decided November 14, 1991.

Attorney(s) appearing for the Case

For the respondent-petitioner the cause was argued by Alan Lee, assistant attorney general, with whom on the briefs was Donald J. Hanaway, past attorney general and James E. Doyle, Jr., present attorney general.

For the petitioner-appellant there was a brief by John Duncan Varda, John H. Lederer and DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., Madison and oral argument by Mr. Varda.

DAY, J.

This case is before us on a petition for review by the Wisconsin Department of Revenue of a published decision of the court of appeals.1 The Department of Revenue assessed a tax against Consolidated Freightways, an interstate motor carrier, using the formula provided in Wis. Admin. Code sec. Tax 2.47 to ascertain the amount of income Consolidated Freightways earned in Wisconsin. The Tax Appeals Commission upheld the tax assessment...

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