State Bar of Wisconsin Return to wisbar.org Wisconsin Tax Appeals Commission


[WP]

STATE OF WISCONSIN

TAX APPEALS COMMISSION


THE BABCOCK & WILCOX COMPANY

P.O. Box 60035

New Orleans, LA 70160-0035,

Petitioner,

vs.

WISCONSIN DEPARTMENT OF REVENUE

P.O. Box 8933

Madison, WI 53708-8933,

Respondent.

Docket Nos. 97-I-322 and 97-I-343

ORDER


The Commission hereby finds and orders as follows:

On April 6, 1999, the Commission issued a Ruling and Order that awarded summary judgment, in part, to respondent affirming respondent's action on the petitions for redetermination with respect to the treatment of approximately $600 million in income deferred from its predecessor corporation.

In the Ruling and Order, the Commission indicated that there were remaining issues to be resolved and, therefore, the Order awarded only partial summary judgment. The Commission came to this conclusion because petitioner inadvertently alleged in its petition for review that respondent had erroneously disallowed petitioner's use of ACRS depreciation for property located outside of Wisconsin. In fact, when this matter was pending before respondent's office of appeals, respondent allowed such depreciation.

Petitioner has withdrawn that portion of the petition for review pertaining to the use of ACRS depreciation for out of state property. Thus, the only issues raised, before the Commission are those that were addressed in the Ruling and Order.

ORDER

Respondent's actions on the petitions for redetermination are affirmed.

Dated at Madison, Wisconsin this 16th day of June, 1999.

WISCONSIN TAX APPEALS COMMISISON

Mark E. Musolf, Chairperson

Don M. Millis, Commissioner

Thomas M. Boykoff, Commissioner

ATTACHMENT: " NOTICE OF APPEAL INFORMATION"

June 14, 1999 Appealed to Dane County Circuit Court (Case No. 99CV1645)