6 results for 'cat:"Commerce" AND cat:"Tax"'.
[Consolidated.] J. Cannataro finds that the tax appeals tribunal properly denied corporate tax deductions to Walt Disney and IBM based on their foreign affiliates' royalty payments on licensed intellectual property. For a decade, New York allowed companies that paid franchise taxes to deduct income received as royalty payments if the affiliates already paid a state tax on the same income, as long as companies included the royalty payments when calculating their own taxable income. However, the affiliates operate overseas and thus are not subject to that provision, and royalty deductions do not apply. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: April 23, 2024, Case #: 34, Categories: Corporations, commerce, tax
J. Myren finds that the circuit court properly denied a company's request for a refund from the South Dakota Department of Revenue. The company is a South Dakota-licensed wholesaler of tobacco products that purchased products known as "Other Tobacco Products" (OTP). The Department of Revenue determined that the tax was properly assessed for the purchases of OTP. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: January 10, 2024, Case #: 2024SD1, Categories: commerce, tax
J. Alexander finds the lower court properly upheld the tax assessments on the company's vehicles. Although the vehicles are also taxed in Massachusetts - the state in which they are registered - the "double taxes" are the result of separate, non-discriminatory tax schemes that do not violate the Dormant Commerce Clause. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: December 13, 2023, Case #: SC20748, Categories: commerce, tax, Vehicle
J. Welch finds the Court of Appeals improperly reversed the Court of Claims’ grant of summary judgment to the Treasury in this tax dispute, determining that business income was properly subject to taxation under the Michigan Business Tax Act as to the sale of a Minnesotan business to one in Michigan. The Act’s formula, as applied, did not impermissibly tax income outside the scope of Michigan’s taxing powers and did not violate due process or commerce clauses of the Constitution. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 31, 2023, Case #: 163742, Categories: commerce, Constitution, tax
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J. Restani grants summary judgment to the United States Customs and Border Protection (Customs) in this dispute over merchandise classification. A manufacturer challenges Customs’ classification of cast iron counterweights for self-propelled mini or compact excavators. The manufacturer contends that the counterweights are parts related to a mini excavator and not a backhoe, but the machine fits the definition of a backhoe, and the term excavator encompasses backhoes. The instant court finds that Customs properly classified the materials as associated with a backhoe for the purpose of determining tariffs.
Court: Court of International Trade, Judge: Restani, Filed On: July 21, 2023, Case #: 23-108, Categories: commerce, Trade, tax