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STATE, DEPT. OF REVENUE v. HALE

No. S-7984.

978 P.2d 1276 (1999)

STATE of Alaska, DEPARTMENT OF REVENUE, PERMANENT FUND DIVIDEND DIVISION, Appellant, v. Joan HALE, Appellee.

Supreme Court of Alaska.

April 30, 1999.

Attorney(s) appearing for the Case

Mary Ellen Beardsley, Assistant Attorney General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, for Appellant.

Lynn M. Allingham, Law Offices of Lynn M. Allingham, Anchorage, for Appellee.

Before: MATTHEWS, Chief Justice, COMPTON, EASTAUGH, and BRYNER, Justices.

OPINION

MATTHEWS, Chief Justice.

In 1990 Joan Hale, an Alaska resident, moved out of the state to accompany her husband, also an Alaska resident, who was assigned to a new military duty station. The Department of Revenue denied her a permanent fund dividend for 1994 even though under the applicable regulation, 15 Alaska Administrative Code (AAC) 23.163(c)(15) (1993), an absence from the state while accompanying an eligible spouse was an allowable...

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