PEREZ v. SECRETARY OF LA DEPT. OF REV.

No. 98 CA 0330.

731 So.2d 406 (1999)

Joseph P. and Ann H. PEREZ v. SECRETARY OF the LOUISIANA DEPARTMENT OF REVENUE AND TAXATION.

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 4, 1999.


Attorney(s) appearing for the Case

Robert R. Casey, Baton Rouge, for Plaintiffs—Appellants Joseph P. Perez and Ann H. Perez.

Shanda J. McClain, Baton Rouge, for Defendant—Appellee Secretary of the Louisiana Department of Revenue and Taxation.

Before: LeBLANC, FOGG, and PARRO, JJ.


FOGG, J.

This is an appeal from a judgment, affirming an administrative decision of the Louisiana Board of Tax Appeals. The primary issue raised on appeal is whether appellants are entitled to a resident income tax credit under LSA-R.S. 47:33 on that part of their adjusted gross income which was also subjected to Texas' franchise tax, V.T.C.A., Tax Code § 171.001 et seq. For the following reasons, we reverse.

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