Legal Opinion

Trepte v. Department of Revenue

Wisconsin Supreme Court

Decided October 31, 1972No. 188PublishedCited by 2 opinions

1Opinion of the CourtWilkie, J.

One issue is raised by this appeal: Do appellants have the right to deduct, under Wisconsin income tax law, the state tax prepayments made by them in 1964 for the 1965 tax year pursuant to sec. 71.21 (19) (a), Stats. 1963, in either 1964 or 1965, or in neither?

It is appellants’ essential argument that their state income tax prepayment in 1964 for the 1965 taxable year is a “changing basis asset” and hence within sec. 71.05 (2), Stats. 1965, dealing with transitional adjustments resulting from the change in income reporting. The preamble of this statute explains its purpose:

“ (2) Transitional…

2Cases cited3 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. Lowenstein v. CommissionerUnited States Tax Court · 1949
  3. Glassell v. CommissionerUnited States Tax Court · 1949

3Cited by2 opinions

  1. Webster v. Wisconsin Department of RevenueCourt of Appeals of Wisconsin · 1981
  2. Ladish Co. v. Department of RevenueWisconsin Supreme Court · 1975

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