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BENDER v. DEPARTMENT OF REVENUE

No. 04-0766.

278 Wis.2d 731 (2005)

2005 WI App 31

693 N.W.2d 311

Daniel J. BENDER and Carol J. Bender, Petitioners-Appellants, v. STATE of Wisconsin, DEPARTMENT OF REVENUE, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided January 20, 2005.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Nathaniel J. Krautkramer, Wausau.

On behalf of the respondent-respondent, the cause was submitted on the brief of Mary E. Burke, asst. attorney general, and Peggy A. Lautenschlager, attorney general.

Before Vergeront, Lundsten and Higginbotham, JJ.

¶ 1. VERGERONT, J.

This appeal concerns the construction and application of WIS. STAT. § 78.12(3)1 and related sections that govern motor vehicle fuel taxes. The Department of Revenue assessed Daniel Bender and Carol Bender $64,930.11 for unpaid motor vehicle fuel taxes that were incurred by L.L. Bender Oil Corporation, and the Tax Appeals Commission affirmed DOR's decision. The Benders...

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