Department of Revenue v. Dziubek

A single issue is dispositive of this appeal: Does sec. 71.03 (1) (g), Stats., as amended in 1963, require that an individual taxpayer, in computing a capital gain for income tax purposes, adjust his cost basis of an asset acquired in 1950 and sold in October, 1963, by deducting the amount of depreciation he would. have been allowed to deduct on his income tax returns for the years prior to 1963, even though he took no such deductions on those returns ?

It is clear that prior to the 1963 amendment to sec. 71.03 (1) (g), Stats., the law in Wisconsin required that a capital gain be computed from…