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GILBERT v. DOR

No. 00-2154.

246 Wis.2d 734 (2001)

2001 WI App 153

633 N.W.2d 218

David L. GILBERT, Petitioner-Respondent, v. WISCONSIN DEPARTMENT OF REVENUE, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided June 6, 2001.

Attorney(s) appearing for the Case

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

On behalf of the petitioner-respondent, the cause was submitted on the brief of Robert R. Henak of Henak Law Office, S.C., Milwaukee.

Before Brown, P.J., Nettesheim and Anderson, JJ.

¶ 1. ANDERSON, J.

The Wisconsin Department of Revenue (DOR) appeals from an order of the circuit court reversing a Wisconsin Tax Appeals Commission (TAC) decision to dismiss David L. Gilbert's petition for review and its decision to deny a rehearing. The DOR argues that Gilbert's petition for review was not filed within two years of the tax assessment as required under WIS. STAT. § 71.75(5) (1995-96),1 and therefore TAC properly...

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