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SHARP v. DEPARTMENT OF REVENUE OF STATE

No. 96-600.

945 P.2d 38 (1997)

John W. SHARP and Darlene M. Sharp, Plaintiffs and Appellants, v. DEPARTMENT OF REVENUE OF THE STATE of Montana; and Mick Robinson, in his capacity as Director, Department of Revenue of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided September 15, 1997.

Rehearing Denied October 22, 1997.

Attorney(s) appearing for the Case

Brian Lilletvedt and John B. Kuhr, Bosh, Kuhr, Dugdale, Martin & Kaze, Havre, Henry C. Breighaupt and Milo E. Ormseth, Stoel, Rives, Boley, Jones & Grey, Portland, OR., for Plaintiffs and Appellants.

Deborah Harten-Moore, Department of Revenue, Helena, for Defendants and Respondents.

TURNAGE, Chief Justice.

John W. Sharp and Darlene M. Sharp won $47,000,000 in the multi-state lottery game known as Lotto America. The Sharps appeal the judgment of the First Judicial District Court, Lewis and Clark County, that their annual lottery payments are subject to Montana state income tax despite their change of residence from Havre, Montana, to the State of Washington. We affirm.

We restate the issue as whether the District Court erred when it ruled...

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