Legal Opinion · Concurrence

Department of Revenue v. Howick

Wisconsin Supreme Court

Decided February 2, 1981No. 79-105Published

1ConcurrenceShirley S. Abrahamson, J.

The result in this case — that is the bottom line for Howick who moved into Wisconsin and sold stock acquired while a nonresident — is that for Wisconsin income tax purposes he determines his net capital long-term loss by using his federal calculations for the six long-term capital losses and for the six long-term capital gains.1 I concur with this result. I disagree with the majority’s decision to confine the opinion to consideration of the taxpayer’s calculation of long-term capital losses and to omit from the opinion consideration of the taxpayer’s calculation of long-term capital gains.…

2Cases cited19 opinions

  1. Kellems v. BrownSupreme Court of Connecticut · 1972
  2. SRG CORP. v. Department of RevenueSupreme Court of Florida · 1978
  3. State ex rel. Bundy v. NygaardWisconsin Supreme Court · 1916
  4. City National Bank of Clinton v. IOWA STATE TAX COM'NSupreme Court of Iowa · 1960
  5. H. Samuels Co. v. Department of RevenueWisconsin Supreme Court · 1975

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