LRB-1144/2
JTK:kmg&jlg:kat
1997 - 1998 LEGISLATURE
April 9, 1997 - Introduced by Representatives Nass, Wasserman, Urban, Duff,
Lazich, Hahn, Owens and Grothman, cosponsored by Senators Buettner and
Schultz. Referred to Joint committee on Finance.
AB258,1,3
1An Act relating to: the expenditure of $15,341 from the general fund for
2payment of a claim made by the Milwaukee Association of Life Underwriters
3against the state.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $15,341 from the general fund in payment of a
claim made by the Milwaukee Association of Life Underwriters, Wauwatosa,
Wisconsin, against the department of revenue (DOR). The claimant failed to file
timely quarterly returns and payment of state income taxes withheld from its
employes for the period from July 1, 1992, to December 31, 1994. Pursuant to s. 71.74
(3), stats., DOR served notices of estimated tax liability for this period. DOR then
levied against the claimant's assets and recovered the estimated taxes due, together
with interest and penalties. The claimant then filed returns for this period which
claimed refunds. Under s. 71.75 (5), stats., a taxpayer may claim a refund of taxes
paid by the taxpayer as a result of an excessive assessment, together with interest
and penalties, within 2 years of the date of the assessment. Because the claimant
did not file claims for some or all of this period within 2 years of the dates of
assessment, DOR was unable to refund some of the amounts claimed. The claimant
claimed $13,930 plus $1,411 in interest and penalties (total = $15,341) on a claim
filed with the claims board. The claims board recommended denial of this claim on
June 3, 1996. (See 1995 Senate Journal, pp. 839-840.)
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB258, s. 1
1Section
1.
Claim against the state. There is directed to be expended from
2the appropriation under section 20.505 (4) (d) of the statutes, as affected by the acts
3of 1997, $15,341 in payment of a claim against the state made by the Milwaukee
4Association of Life Underwriters, Wauwatosa, Wisconsin, to compensate it for
5overpayments of income taxes withheld for the period from July 1, 1992, to December
631, 1994, plus interest and penalties assessed by the department of revenue.
7Acceptance of this payment operates as a release to this state and its officers and
8employes for any liability arising as a result of any overpayment of these taxes by the
9claimant for this period.
