Shelley v. Department of Revenue

This case raises two questions. First, are brokerage commissions earned out of state, but by a resident, income from “personal services” subject to Wisconsin income tax, or is such income from a “business” and not subject to Wisconsin income tax under sec. 71.07 (1), Stats.? We conclude that such income is from personal services and subject to Wisconsin income tax. The second question is whether capital gains income from commodity transactions engaged in out of state by the resident taxpayer on his own account is subject to taxation by Wisconsin as income. We conclude that it is.

The…