SMITH v. N.H. DEP'T OF REVENUE ADMIN.

No. 2000-682.

148 N.H. 536 (2002)

ERNEST T. SMITH, III & a. v. NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION & a.

Supreme Court of New Hampshire.

Opinion Issued: November 25, 2002.


Attorney(s) appearing for the Case

Sheehan Phinney Bass + Green, P.A., of Manchester (Michael C. Harvell and Elizabeth A. Bailey on the brief, and Mr. Harvell orally), Upton & Hatfield, LLP, of Concord (Russell F. Hilliard on the brief), McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Wilbur A. Glahn, III and Andrea L. Daly on the brief), Wiggin & Nourie, P.A., of Manchester (W. Wright Danenbarger on the brief), Rath, Young & Pignatelli, P.A., of Concord (William F. J. Ardinger and Christopher J. Sullivan on the brief), and Ansell Professional Association, of Bedford (David E. Barradale on the brief), for the petitioners.

Philip T. McLaughlin, attorney general (Anne E. Edwards, senior assistant attorney general, on the brief and orally) and Gallagher, Callahan & Gartrell, of Concord (Walter L. Maroney on the brief), for the respondents.


DALIANIS, J.

The petitioners, a class of similarly situated taxpayers, appeal the Superior Court's (McGuire, J.) ruling that they were not entitled to a refund of the New Hampshire interest and dividend tax (I&D tax) paid during the 1991 through 1994 tax years on interest and dividends from out-of-state non-bank investment sources. We affirm.

I. Relevant Facts

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