Wisconsin Dept. of Taxation v. Aluminum Goods Mfg. Co.

• Decision Date: 26 June 1957
• Citation: 275 Wis. 389,84 N.W.2d 67
• Parties: WISCONSIN DEPARTMENT OF TAXATION, Appellant, v. ALUMINUM GOODS MFG. CO., a New Jersey corporation, Respondent.
• Court: Wisconsin Supreme Court

Page 67

84 N.W.2d 67

275 Wis. 389

WISCONSIN DEPARTMENT OF TAXATION, Appellant, v. ALUMINUM GOODS MFG. CO., a New Jersey corporation, Respondent.

Supreme Court of Wisconsin.

June 26, 1957.

Stewart G. Honeck, Atty. Gen., Harold H. Persons, Asst. Atty. Gen., for appellant.

Fairchild, Foley & Sammond, Milwaukee, Theodore C. Bolliger, Milwaukee, for respondent.

PER CURIAM.

Appellant's motion for rehearing is denied.

In support of its motion appellant calls attention to our statement that under sec. 71.07(1) interest received on refunds of income and privilege dividend taxes is not income from business; and appellant says that it has construed sec. 71.04(2) as permitting a corporation to deduct interest paid on income tax deficiencies from its gross income as 'interest * * * paid during the year in the operation of the business from which its income is derived.' Appellant urges that secs. 71.04(2) and 71.07 should be construed consistently in this regard and that appellant's treatment of interest paid on tax deficiencies under sec. 71.04(2) discloses an ambiguity in sec. 71.07 with regard to treatment of interest received on tax refunds. If there be such ambiguity, appellant says that we should then construe sec. 71.07 as the appellant has construed it.

We deem that the correctness of appellant's interpretation of sec. 71.04(2) need not be decided in the case before us. Whether correct or not, it requires no change in our interpretation of sec. 71.07 set forth in the opinion.