Legal Opinion

Sturrus v. Department of Treasury

Michigan Court of Appeals

Decided February 8, 2011No. Docket No. 295403PublishedCited by 6 opinions

1Per curiam

In this dispute over the proper application of the tax-benefit rule, defendant, the Department of Treasury, appeals as of right the Court of Claims’ order denying its motion for summary disposition, granting plaintiffs’ motion for summary disposition, reversing the Department’s decision and order of determination, and compelling the Department to refund plaintiffs $174,214, plus interest. We hold that although the Court of Claims correctly ruled that the Income Tax Act (ITA), MCL 206.1 et seq., necessarily incorporates the federal tax-benefit rule, the rule was not applicable in this case.…

2Cases cited15 opinions

  1. Maiden v. RozwoodMichigan Supreme Court · 1999
  2. West v. General Motors Corp.Michigan Supreme Court · 2003
  3. Quinto v. Cross and Peters Co.Michigan Supreme Court · 1996
  4. Dressel v. AmeribankMichigan Supreme Court · 2003
  5. Corley v. Detroit Board of EducationMichigan Supreme Court · 2004

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3Cited by6 opinions

  1. Lear Corp. v. Department of TreasuryMichigan Court of Appeals · 2013
  2. Marshall v. CommonwealthCommonwealth Court of Pennsylvania · 2012
  3. Four Zero One Associates LLC v. Department of TreasuryMichigan Court of Appeals · 2017
  4. Michigan Bell Telephone Company v. Department of TreasuryMichigan Court of Appeals · 2024
  5. People of Michigan v. Jeffrey Alan StoltzMichigan Court of Appeals · 2020

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