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BRUMLEY v. UTAH STATE TAX COM'N

No. 910242.

868 P.2d 796 (1993)

Wendell E. BRUMLEY, et al., Plaintiffs, Appellees, and Cross-Appellants, v. UTAH STATE TAX COMMISSION, et al., Defendants, Appellant, and Cross-Appellee.

Supreme Court of Utah.

Opinion on Denied of Rehearing January 13, 1994.

Attorney(s) appearing for the Case

Jack C. Helgesen, Richard W. Jones, Ogden, for Brumley.

R. Paul Van Dam, Atty. Gen., Leon A. Dever, Brian L. Tarbet, John C. McCarrey, Asst. Attys. Gen., Salt Lake City, for Tax Com'n.

Jan Graham, Atty. Gen., Carol Clawson, Sol. Gen., Reed Richards, Asst. Atty. Gen., for amicus Governor Michael O. Leavitt.

HOWE, Associate Chief Justice:

We granted this interlocutory appeal to review (1) a partial summary judgment which ordered defendant Utah State Tax Commission to refund to all qualified persons and estates of deceased persons all Utah state income tax paid by them on retirement income from federal sources for the tax years of 1985, 1986, 1987, and 1988, together with interest, court costs, and attorney fees, and (2) the dismissal of plaintiffs' civil rights action...

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