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MENHOLT v. STATE, DEPT. OF REVENUE

No. DA 08-0078.

203 P.3d 792 (2009)

2009 MT 38

349 Mont. 239

Dennis and Linda MENHOLT, Petitioners and Appellants, v. STATE of Montana, DEPARTMENT OF REVENUE, Respondent and Appellee.

Supreme Court of Montana.

Decided February 18, 2009.

Attorney(s) appearing for the Case

For Appellants: Peter T. Stanley, Attorney at Law, Billings, Montana.

For Appellee: Derek R. Bell, Special Assistant Attorney General, Montana Department of Revenue, Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Dennis and Linda Menholt (the Menholts) appeal from the order of the District Court for the Thirteenth Judicial District, Yellowstone County, affirming the State Tax Appeal Board's (STAB) dismissal of their appeal. We affirm.

ISSUE

¶ 2 We consider the following issue on appeal: Did the District Court abuse its discretion when it affirmed STAB's decision to dismiss with prejudice...

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