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SCHWARTZ v. DEPARTMENT OF REVENUE

No. 02-0372.

258 Wis.2d 112 (2002)

2002 WI App 255

653 N.W.2d 150

Randall SCHWARTZ, Petitioner-Appellant, Gayle J. NELSON, Petitioner, v. WISCONSIN DEPARTMENT OF REVENUE and Wisconsin Tax Appeals Commission, Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided September 11, 2002.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Randall Schwartz of Brookfield, and Gayle J. Nelson of Brookfield.

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

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

¶ 1. NETTESHEIM, P.J.

Randall Schwartz appeals from a circuit court order affirming a decision and order of the Wisconsin Tax Appeals Commission (the Commission).1 The Commission determined that $112,278 of a $175,000 payment Schwartz received for the sale of his interest in Global Fastener & Supply, Inc. (Global), was taxable income paid in exchange for a covenant not to compete. The...

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