L & W Construction Co. v. Wisconsin Department of Revenue

L & W Construction Company, Inc. (L & W) appeals from a judgment confirming a determination by the Wisconsin Tax Appeals Commission that the Wisconsin Department of Revenue correctly denied L & W a sales tax reduction in its franchise income tax pursuant to sec. 71.043(2), Stats. (1985-86),1 for the tax year 1983. L & W argues that it is entitled to the tax credit under the “aggregate theory” of partnership law. We conclude that the statute does not permit a corporation to claim an income tax reduction for sales and use tax paid by a partnership in which the corporation is a general partner.…