Legal Opinion

Pabst v. Department of Taxation

Wisconsin Supreme Court

Decided March 5, 1963PublishedCited by 68 opinions

1Opinion of the CourtCurrie, J.

This appeal presents these two questions:(1) Was the instant inter vivos trust “administered” in Wisconsin during the years 1952, 1953, and 1954, within the meaning of sec. 71.08 (8), Stats.?(2) If sec. 71.08 (8), Stats., is construed to subject the income of this trust for these three years to Wisconsin income tax, does this statute as so construed violate the due-process clause of the Fourteenth amendment to the United States constitution?

Administration of the Trust in Wisconsin.

Sec. 71.08 (8), Stats., during the three-year period in question provided in part as follows:

“Trustees of trust…

2Cases cited16 opinions

  1. Rochester Telephone Corp. v. United StatesSupreme Court of the United States · 1939
  2. Wisconsin v. J. C. Penney Co.Supreme Court of the United States · 1941
  3. Farmers Loan & Trust Co. v. MinnesotaSupreme Court of the United States · 1930
  4. First Nat. Bank of Boston v. MaineSupreme Court of the United States · 1932
  5. Baldwin v. MissouriSupreme Court of the United States · 1930

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3Cited by68 opinions

  1. Nottelson v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1980
  2. Bucyrus-Erie Co. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1979
  3. Tetra Tech EC, Inc. v. Wisconsin Department of RevenueWisconsin Supreme Court · 2018
  4. Racine Harley-Davidson, Inc. v. State Division of Hearings & AppealsWisconsin Supreme Court · 2006
  5. Beloit Education Ass'n v. Employment Relations CommissionWisconsin Supreme Court · 1976

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