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LINCOLN SAVINGS BANK, S.A. v. DOR

No. 96-0135.

207 Wis.2d 358 (1996)

558 N.W.2d 902

LINCOLN SAVINGS BANK, S.A., f/k/a Lincoln Savings and Loan Association, Petitioner-Respondent, v. WISCONSIN DEPARTMENT OF REVENUE, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided December 10, 1996.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Gerald S. Wilcox, assistant attorney general.

On behalf of the petitioner-respondent, the cause was submitted on the briefs of Robert A. Schnur of Michael, Best & Friedrich, of Milwaukee.

Before Fine, Schudson and Curley, JJ.

FINE, J.

The Wisconsin Department of Revenue appeals from the trial court's order reversing an order by the Tax Appeals Commission that assessed additional franchise taxes against Lincoln Savings Bank for the years 1987-1990. We reverse.

I.

The material facts in this case are not disputed.1 Lincoln Savings Bank is subject to an annual tax "[f]or the privilege of exercising...

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