Clarke-Gravely Corp. v. Department of Treasury

The facts of this case are accurately stated in Justice Fitzgerald’s opinion. We agree with his view that the tax commissioner has broad discretionary power to require or permit combined reporting. Consequently, we agree that plaintiffs’ right to interest on the refunds generated by the 1972 and 1973 amended returns extends only from the time the tax commissioner accepted those amended returns.

However, we do not agree that "[c]ombined reporting is a unique matter outside the scope of the statute of limitations and the tolling provisions”. MCL 206.411; MSA 7.557(1411) and MCL 206.441; MSA…