Tarutis v. Commissioner of Revenue

SIMONETT, Justice.

In a taxpayers’ appeal to the Minnesota Tax Court from the Commissioner of Revenue’s reassessment of the taxpayers’ income taxes, we hold it was error for the tax court to strike the commissioner’s affirmative defense of collateral estoppel.

By orders issued August 30, 1984, the Commissioner of Revenue assessed additional state income taxes for 1976 and 1977 against respondent taxpayers, Whitney E. Tarutis and Eva G. Tarutis, his wife. The taxpayers appealed to the Minnesota Tax Court, alleging, among other things, the assessments were barred by the statute of limitations.…