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BENDA v. GIRARD

No. C2-98-763.

585 N.W.2d 422 (1998)

Victor C. BENDA, Respondent, v. James GIRARD, in his capacity as Commissioner of Revenue, et al., Appellants.

Court of Appeals of Minnesota.

Review Granted December 22, 1998.

Attorney(s) appearing for the Case

Thomas F. Hutchinson, Daniel J. McGarry, Eastlund, Solstad & Hutchinson, Ltd., Minneapolis, (for respondent).

Hubert H. Humphrey III, Attorney General, Michele M. Owen, Assistant Attorney General, St. Paul, (for appellants).

Considered and decided by TOUSSAINT, C.J., and HUSPENI and THOREEN, JJ.

OPINION

JOHN F. THOREEN, Judge.*

Respondent Victor C. Benda filed nonresident individual income tax returns in Minnesota for the years 1991, 1992, and 1993. Appellant Commissioner of Revenue audited those returns and assessed additional taxes against Benda, claiming that income earned by Benda for performing business management activities while in Minnesota was subject to Minnesota...

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