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BENDA v. GIRARD

No. C2-98-763.

592 N.W.2d 452 (1999)

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

Supreme Court of Minnesota.

May 13, 1999.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Michelle M. Owen, Esq., Assistant Attorney General, St. Paul, for appellants.

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

Heard, considered, and decided by the court en banc.

OPINION

GILBERT, J.

This case involves the precise legal issue of whether a non-resident who performs managerial and administrative services for his employer in Minnesota for several days out of a calendar year is subject to Minnesota income tax for that portion of his salary attributable to the work performed in Minnesota. The trial court and court of appeals held that under Minn.Stat. § 290.17, subd. 2(a)(1) (1998), respondent Victor C. Benda was...

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