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DREYLING v. COMMISSIONER OF REVENUE

No. A08-274.

753 N.W.2d 698 (2008)

Carol DREYLING, et al., Relators, v. COMMISSIONER OF REVENUE, Respondent.

Supreme Court of Minnesota.

July 31, 2008.

Attorney(s) appearing for the Case

John E. Mack, Mack & Daby, PA, New London, for relators.

Lori Swanson, Attorney General, Kyle R. Gustafson Assistant Attorney General, for respondent, Commissioner of Revenue.

Considered and decided by the court en banc without oral argument.

OPINION

DIETZEN, Justice.

Relators Carol and Roger Dreyling challenge the decision of the Minnesota Tax Court affirming an order of the Minnesota Commissioner of Revenue (Commissioner) assessing additional income tax and interest arising out of joint income tax returns filed by the Dreylings for taxable years 2001 and 2002. The Dreylings argue that the tax court erred in concluding that Roger Dreyling was a Minnesota resident for income tax purposes. We...

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