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IBM CREDIT CORP. v. VILLAGE OF ALLOUEZ

No. 93-1012.

188 Wis.2d 143 (1994)

524 N.W.2d 132

IBM CREDIT CORPORATION, Plaintiff-Respondent-Petitioner, v. VILLAGE OF ALLOUEZ, Paul M. Quigley, Assessor of the Village of Allouez, Village Board of Allouez and Village of Allouez Board of Review, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided December 6, 1994.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Robert Horowitz, Lynn J. Bodi and Stafford, Rosenbaum, Rieser & Hansen, Madison and oral argument by Robert Horowitz.

For the defendants-appellants there was a brief by David J. Condon and David J. Condon, S.C., Green Bay and oral argument by David J. Condon.

STEINMETZ, J.

This case presents one issue: If a personal property tax is erroneously paid on taxexempt property, and the taxpayer discovers the error after the date that the tax was due, is the taxpayer entitled to a refund under sec. 70.43, STATS.,1 which provides for correction of a "palpable error," including taxation of exempt property? The Brown county circuit court, Judge William M. Atkinson...

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