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DOR v. VAN ENGEL

No. 98-1110.

230 Wis.2d 607 (1999)

601 N.W.2d 830

WISCONSIN DEPARTMENT OF REVENUE, Petitioner-Appellant, v. Kurt H. VAN ENGEL, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided September 28, 1999.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and F. Thomas Creeron, III, assistant attorney general.

On behalf of the respondent-respondent, the cause was submitted on the brief of Stephen E. Kravit and Laurie E. Peterson of Kravit, Gass, Hovel & Leitner, S. C., of Milwaukee.

Before Wedemeyer, P.J., Fine and Curley, JJ.

CURLEY, J.

The Wisconsin Department of Revenue (Department) appeals the Wisconsin Tax Appeals Commission's (Commission) order reversing the Department's determination that Kurt H. Van Engel was not entitled to offset untimely refund claims for tax years 1988 and 1989 against timely tax assessments for years 1990, 1991 and 1992.1 The Department's argument is twofold. The Department argues that the Commission should not have applied the...

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