Department of Taxation v. Nash-Kelvinator Corp.

This case involves additional dividend taxes imposed for the years 1941, 1942, and 1943, pursuant to a field audit. The taxpayer is a foreign corporation engaged in the manufacturing business and does business within and without the state. The tax is imposed only on such portion of the stockholders’ dividend as results from business done and property located in Wisconsin. Sec. 71.61 (1), Stats. While the tax falls on the stockholder who receives the dividend the statute requires the corporation to withhold the amount of the tax from the stockholder and to pay the tax to the state. The tax is…