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G & G TRUCKING v. DEPARTMENT OF REVENUE

No. 02-2648.

267 Wis.2d 847 (2003)

2003 WI App 228

672 N.W.2d 80

G & G TRUCKING, INC., Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF REVENUE, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided October 9, 2003.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Robert A. Schnur and Douglas A. Pessefall of Michael Best & Friedrich LLP of Milwaukee.

On behalf of the respondent-respondent, the cause was submitted on the brief of F. Thomas Creeron, III, and Peggy A. Lautenschlager, attorney general.

Before Deininger, P.J., Dykman, and Lundsten, JJ.

¶ 1. DYKMAN, J.

G&G Trucking, Inc. (G&G) appeals from a judgment affirming a Wisconsin Tax Appeals Commission decision that G&G's aircraft were subject to use tax under Wis. STAT. § 77.53(1) (2001-02).1 G&G argues that because it leased the aircraft to two charter companies, it did not "use" the aircraft within the meaning of § 77.53(1). The commission concluded...

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