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DEPARTMENT OF REVENUE v. MARK

No. 91-2368.

168 Wis.2d 288 (1992)

483 N.W.2d 302

Wisconsin DEPARTMENT OF REVENUE, Petitioner-Appellant, v. John P. MARK, Susan Mark, a/k/a Susan Perantoni, Thomas Mark, Janice Mark and William Mark, Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided March 25, 1992.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Alan Lee, assistant attorney general.

On behalf of the respondents-respondents, the cause was submitted on the brief of Christopher R. Kindt of Yakes, Bauer & Kindt, S.C., of Oshkosh.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

NETTESHEIM, P.J.

The Wisconsin Department of Revenue (department) appeals from a circuit court order which affirmed a determination by the Wisconsin Tax Appeals Commission (commission) that the respondents/grantors did not owe a real estate transfer fee as the result of their transfer of certain real estate to a partnership. We reverse the circuit court order.

FACTS

The facts are not in dispute. We take them from the commission's findings. John P...

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