MOLTER v. DEP'T. OF TREASURY

Docket No. 93747, (Calendar No. 6).

443 Mich. 537 (1993)

505 N.W.2d 244

MOLTER v. DEPARTMENT OF TREASURY

Supreme Court of Michigan.

Decided September 2, 1993.


Attorney(s) appearing for the Case

Ronald A. Molter for the plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Russell E. Prins and Ross H. Bishop, Assistant Attorneys General, for the defendants.


GRIFFIN, J.

We must decide whether distributions from a deferred compensation plan, paid to a nonresident, are subject to the state's income tax if the original contributions to the plan represented earnings from employment in Michigan. Affirming a decision of the Court of Claims, the Court of Appeals ruled that distributions from such a plan are taxable. We affirm in part and reverse in part.

I

Plaintiff Molter, while a State of Michigan employee...

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