AIA Services Corp. v. Idaho State Tax Commission

Substitute opinion the Court’s prior opinion dated 5/4/01 is hereby withdrawn.

KIDWELL, Justice.

Appellant AIA Services Corporation, appeals from an order of the district court granting summary judgment to the Idaho State Tax Commission. The Tax Commission determined, and the district court affirmed, that AIA Services failed to establish that it was entitled to deduct income it received as dividends from one of its wholly owned subsidiary insurance companies, under provisions of the Idaho Income Tax Act.

I

FACTS AND PROCEDURAL BACKGROUND

The following is a condensed version of the stipulation of…