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DOR v. HERITAGE MUT. INS. CO.

No. 95-3605.

208 Wis.2d 582 (1997)

561 N.W.2d 344

WISCONSIN DEPARTMENT OF REVENUE, Petitioner-Appellant, v. HERITAGE MUTUAL INSURANCE COMPANY, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided February 12, 1997.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the brief of James E. Doyle, attorney general, and F. Thomas Creeron III assistant attorney general.

On behalf of the respondent-respondent, the cause was submitted on the brief of James R. Lowe of Whyte, Hirschboeck, Dudek, S.C. of Milwaukee.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

The Wisconsin Department of Revenue appeals from a circuit court order affirming a decision of the Wisconsin Tax Appeals Commission granting Heritage Mutual Insurance Company's claims for a partial refund of taxes previously paid for the years 1987 and 1988.

The question in this case is whether Heritage took the proper deduction pursuant to § 71.45(2), STATS., 1987-88, when computing its Wisconsin...

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