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SCHIKORA v. STATE, DEPT. OF REVENUE

No. S-8972.

7 P.3d 938 (2000)

Fred J. SCHIKORA, Appellant, v. STATE of Alaska, DEPARTMENT OF REVENUE, Appellee.

Supreme Court of Alaska.

August 25, 2000.

Attorney(s) appearing for the Case

Michael A. MacDonald, Downes, MacDonald, & Levengood, P.C., Fairbanks, for Appellant.

Linda T. McKinney, Assistant Attorney General, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

Although Fred Schikora maintained his primary home in Alaska, work and leisure often took him outside Alaska. The Department of Revenue withheld his permanent fund dividends for 1992, 1993, and 1994 because the absences he reported exceeded those allowed under former AS 43.23.005(a), AS 43.23.095(8), and their implementing regulations. Schikora made timely appeals of those decisions, but a...

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