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AMERICAN FAMILY MUT. INS. CO. v. DOR

Nos. 97-1105, 97-1106.

214 Wis.2d 577 (1997)

571 N.W.2d 710

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF REVENUE, Respondent-Respondent. AMERICAN STANDARD INSURANCE COMPANY, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF REVENUE, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided October 30, 1997.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Timothy C. Frautschi of Foley & Lardner of Milwaukee.

On behalf of the respondent-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, with Alan Lee, assistant attorney general.

Before Eich, C.J., Dykman, P.J., and Roggensack, J.

EICH, C.J.

American Family Mutual Insurance Company appeals from an order affirming a decision of the Tax Appeals Commission assessing taxes on income generated from U.S. government obligations for the period 1984-91.1 The sole issue on appeal is whether the statute imposing the tax, § 71.43(2), STATS., is a nondiscriminatory franchise tax within the meaning of 31 U.S.C. § 3124(a)...

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