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FONGER v. TREASURY DEP'T

Docket No. 130294.

193 Mich. App. 71 (1992)

483 N.W.2d 920

FONGER v. DEPARTMENT OF TREASURY

Michigan Court of Appeals.

Decided February 4, 1992, at 9:10 A.M.

Attorney(s) appearing for the Case

Anderson, Hay & Wonch, P.C. (by Thomas H. Hay), and John E. Hunt, for John W. Fonger.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Richard R. Roesch and Ross H. Bishop, Assistant Attorneys General, for the Department of Treasury.

Amici Curiae:

Charfoos & Christensen, P.C. (by David R. Parker), for Hammond et al.

Miller, Canfield, Paddock & Stone (by Gregory A. Nowak), for Astfalk et al.

Schwendener & Valade, P.C. (by Alan M. Valade), for Larson et al.

Sommers, Schwartz, Silver & Schwartz, P.C. (by David L. Nelson, Patrick J. Burkett, and Lawrence B. Rogers), for Grogan et al.

Before: MARILYN KELLY, P.J., and WAHLS and FITZGERALD, JJ.

PER CURIAM.

Respondent appeals as of right from an order of the Michigan Tax Tribunal that required it to refund to petitioner state income taxes paid on federal pension benefits for tax years 1985 through 1987. Petitioner has cross appealed and argues that respondent was required to refund all state income taxes paid on the pension benefits regardless of any statute of limitations. We have been advised by the parties...

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