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BENEDICT v. TREASURY DEPT.

Docket No. 204842.

601 N.W.2d 151 (1999)

236 Mich. App. 559

Lyle T. BENEDICT and Pamela L. Benedict, Petitioners-Appellants, v. DEPARTMENT OF TREASURY, Respondent-Appellee, and William Morrocco and Marilyn Morrocco, Amicus Curiae.

Court of Appeals of Michigan.

Decided July 13, 1999, at 9:10 a.m.

Released for Publication October 22, 1999.

Attorney(s) appearing for the Case

Strohl & Borda, P.C. (by Jeffrey B. Levine), Bloomfield Hills, for petitioners.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Tracy A. Sonneborn, Assistant Attorney General, for the respondent.

Miller, Canfield, Paddock & Stone, P.L.C. (by Robert F. Rhoades), Amicus Curiae, for William and Marilyn Morrocco.

Before: FITZGERALD, P.J., and HOLBROOK, JR., and O'CONNELL, JJ.

PER CURIAM.

Petitioners appeal as of right from a judgment of the Michigan Tax Tribunal upholding an intangibles tax assessment on the interest portion of a personal injury award. We reverse and remand.

The material facts are not in dispute. In 1982, petitioner Lyle Benedict (hereinafter Benedict) was employed by a janitorial service. Benedict was injured while at work and, as a result, has been rendered a paraplegic. Benedict initiated a cause of action in...

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