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OXX v. VERMONT DEPT. OF TAXES

No. 90-176.

618 A.2d 1321 (1992)

Gordon D. OXX, Jr. and Carol P. Oxx v. VERMONT DEPARTMENT OF TAXES.

Supreme Court of Vermont.

Motion for Reargument Denied November 25, 1992.

Attorney(s) appearing for the Case

Michael J. Hertz of Hertz and Wesley, Brattleboro, for plaintiffs-appellants.

Jeffrey L. Amestoy, Atty. Gen. and Danforth Cardozo, III, Sp. Asst. Atty. Gen., Montpelier, for defendant-appellee.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

MORSE, Justice.

Gordon and Carol Oxx, Vermont income taxpayers, appeal the superior court's decision affirming the Vermont Commissioner of Taxes' assessment of their personal income tax for 1986, claiming it was $13,404 too high. They challenge the assessment on two grounds: (1) Vermont's personal income tax may not be applied to recapture of federal investment tax credit under 32 V.S.A. § 5822, and (2) if it can be so applied, the commissioner's application...

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