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WHITNEY v. DEPARTMENT OF TAXATION

16 Wis.2d 274 (1962)

WHITNEY, Executrix, Appellant, v. DEPARTMENT OF TAXATION, Respondent.

Supreme Court of Wisconsin.

April 3, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kaumheimer, Alt & Likert, attorneys, and Paul V. Lucke of counsel, all of Milwaukee, and oral argument by Mr. Lucke.

For the respondent the cause was argued by Harold H. Persons, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general.

GORDON, J.

The appellant's position may be expressed as follows: Mr. Whitney, although a resident of Wisconsin and a licensed engineer, should not be taxed in Wisconsin on that portion of his income which was not derived from his personal services but which represented earnings from a business having a situs outside of Wisconsin; that it was income from a business is evidenced by the fact that the firm employed a large staff, utilized a significant capital...

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