LEAHY v. DEPARTMENT OF REVENUE, STATE

No. 93-599.

879 P.2d 653 (1994)

Dennis and Darlene LEAHY, Petitioners and Appellants, v. DEPARTMENT OF REVENUE, STATE OF MONTANA, and the State Tax Appeal Board, Respondents and Respondents.

Supreme Court of Montana.

Decided August 4, 1994.


Attorney(s) appearing for the Case

Thomas C. Morrison, Helena, for appellants.

Paul Van Tricht, Tax Counsel, MT. Dept. of Revenue, Helena, for respondents.


NELSON, Justice.

This is an appeal from a First Judicial District Court, Lewis and Clark County, petition for judicial review of a State Tax Appeal Board (STAB) hearing, concluding that the Petitioners' (Leahys') horse training operation was not run for profit. We affirm.

The following are issues on appeal:

1. Did the District Court err in failing to open the record and admit additional evidence?

2. Did the District Court err in failing to...

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