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DOR v. HOGAN

No. 95-0438.

198 Wis.2d 792 (1995)

543 N.W.2d 825

Wisconsin DEPARTMENT OF REVENUE, Petitioner-Appellant, v. J. Gerard HOGAN, and Delores M. Hogan, et al., Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided December 21, 1995.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, with F. Thomas Creeron III, assistant attorney general.

For the respondents-respondents the cause was submitted on the brief of Eugene O. Duffy and Gregory W. Lyons of O'Neil, Cannon & Hollman, S.C., of Milwaukee.

Before Eich, C.J., Gartzke, P.J., and Vergeront, J.

EICH, C.J.

We hold in this case that the Wisconsin Tax Appeals Commission lacks authority to entertain a class-action proceeding seeking refunds of state income taxes collected on the pension income of retired federal government employees living in Wisconsin.

The appeal is from a judgment of the Dane County Circuit Court dismissing a petition by the Wisconsin Department of Revenue for judicial review of the commission's decision and order directing that refunds...

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