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COOK v. DEPT OF TREASURY

Docket No. 55941, (Calendar No. 3).

396 Mich. 176 (1976)

240 N.W.2d 247

COOK v. DEPARTMENT OF TREASURY

Supreme Court of Michigan.

Decided April 1, 1976.

Attorney(s) appearing for the Case

Fraser, Trebilcock, Davis & Foster (by James A. Park) for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Richard R. Roesch and John W. Jackson, Jr., Assistants Attorney General, for defendant.

Decided April 1, 1976. Rehearing denied 396 Mich. 992.

LINDEMER, J.

This is an appeal in an action for refund of state income taxes. Wendell Cook received a lump-sum payment of $173,032.55 on February 1, 1968, from the Michigan National Bank Employee's Profit Sharing Trust. From this amount, pursuant to MCLA 206.271; MSA 7.557(1271), plaintiff (Lucille Cook filed the subject joint return with Wendell and is included in the term "plaintiff") attempted to exclude...

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