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WEISS v. McFADDEN

No. 03-1215.

148 S.W.3d 248 (2004)

356 Ark. 123

Richard WEISS, Director of the Arkansas Department of Finance and Administration, Appellant v. Jimmy R. McFADDEN, William W. Joplin, and James T. French, On Behalf of Themselves and All Taxpayers Similarly Situated, Appellees/Cross-Appellants; Arkansas Attorney General, Cross-Appellee.

Supreme Court of Arkansas.

February 19, 2004.

Attorney(s) appearing for the Case

William E. Keadle, Revenue Legal Counsel, for appellant.

Nichols & Campbell, P.A., by: H. Gregory Campbell and Mark W. Nichols, Little Rock, for appellees/cross-appellants.

Mike Beebe, Att'y Gen., by: C. Joseph Cordi, Jr., and Nicana C. Sherman, Ass't Att'ys Gen., for cross-appellee.

BETTY C. DICKEY, Chief Justice.

This is the second appeal from an illegal-exaction lawsuit that was filed by a group of taxpayer retirees against the appellant, the Arkansas Department of Finance and Administration (DF & A). In our first decision related to this case, we held that after-tax contributions to retirement plans are property and are therefore not subject to income taxes. See Weiss v. McFadden, 353 Ark. 868, 120 S.W.3d 545

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