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MALPASS v. DEPARTMENT OF TREASURY

Docket Nos. 299057, 299058, and 299059.

815 N.W.2d 804 (2011)

295 Mich. App. 263

MALPASS v. DEPARTMENT OF TREASURY.

Court of Appeals of Michigan.

Decided December 6, 2011.

Approved for publication January 19, 2012, at 9:10 a.m.

Attorney(s) appearing for the Case

Warner Norcross & Judd LLP (by Jason L. Byrne , Stephen R. Kretschman , Grand Rapids, and Jeffrey W. Bracken , Lansing) for Tad and Brenda L. Malpass, Tracy and Brenda K. Malpass, and Fred and Barbara Malpass.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, and Bradley K. Morton and Heidi L. Johnson-Mehney , Assistant Attorneys General, for the Department of Treasury.

Before: SHAPIRO, P.J., and SAAD and BECKERING, JJ.

PER CURIAM.

In this consolidated appeal, the Michigan Department of Treasury (Treasury) appeals the June 9, 2010, judgment of the Court of Claims that reversed Treasury's decision to deny plaintiffs' amended individual income tax returns for the years 2001, 2002, and 2003. For the reasons set forth below, we reverse.

I. FACTS AND PROCEEDINGS

Plaintiffs own and control East Jordan Iron Works, Inc. (EJIW). EJIW is a

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