Legal Opinion

Caterpillar, Inc. v. Indiana Department of State Revenue

Indiana Tax Court

Decided March 28, 2013No. 49T10-0812-TA-70PublishedCited by 2 opinions

1Opinion of the Court

ORDER ON PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT

WENTWORTH, J.

This matter concerns the proper calculation of Indiana net operating losses (NOLs) available for carryover when a cor*1270poration receives dividend income from its foreign subsidiaries (Foreign Source Dividends or FSDs). Caterpillar, Inc. and the Indiana Department of State Revenue are currently before the Court on cross-motions for summary judgment. While the parties offer several reasons to support their positions, the dispositive issue is whether Caterpillar’s FSDs are deductible in calculating its Indiana NOLs, including those…

2Cases cited7 opinions

  1. Kraft General Foods, Inc. v. Iowa Department of Revenue & FinanceSupreme Court of the United States · 1992
  2. United National Insurance v. DePrizioIndiana Supreme Court · 1999
  3. Johnson County Farm Bureau Cooperative Ass'n v. Indiana Department of State RevenueIndiana Tax Court · 1991
  4. Indiana Department of State Revenue v. Endress & Hauser, Inc.Indiana Court of Appeals · 1980
  5. Whetzel v. Department of Local Government FinanceIndiana Tax Court · 2002

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hollis v. Defender Security Co.Indiana Court of Appeals · 2011
  2. Indiana Department of State Revenue v. Caterpillar, Inc.Indiana Supreme Court · 2014

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