Legal Opinion
Flint Resources Co. v. State ex rel. Oklahoma Tax Commission
Supreme Court of Oklahoma
Decided January 17, 1989No. 70024PublishedCited by 10 opinions
1Opinion of the Court
KAUGER, Justice.
Three questions involving state income tax are presented on appeal: 1) Whether Oklahoma may include “gross up,” as taxable income;1 2) Whether a corporation, *667which has elected to treat payments of foreign income taxes as a credit for federal tax purposes, may deduct such payments from its taxable income under the Oklahoma Income Tax Act, 68 O.S.1981 § 2351, et seq. (Act); and 3) Whether interest should be remitted.
We find: (1) Because the companies were not engaged in a unitary business, taxation of the federal “gross up” violated due process. The “gross up” deduction is…
2Cases cited39 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Wisconsin v. J. C. Penney Co.Supreme Court of the United States · 1941
- Container Corp. of America v. Franchise Tax BoardSupreme Court of the United States · 1983
- Boston Stock Exchange v. State Tax CommissionSupreme Court of the United States · 1977
- Shaffer v. CarterSupreme Court of the United States · 1920
34 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- EOG Resources Marketing, Inc. v. Oklahoma State Board of EqualizationSupreme Court of Oklahoma · 2008
- CDR SYSTEMS CORPORATION v. OKLAHOMA TAX COMMISSIONSupreme Court of Oklahoma · 2014
- Matter of Income Tax ProtestSupreme Court of Oklahoma · 1989
- Geoffrey, Inc. v. Oklahoma Tax CommissionCourt of Civil Appeals of Oklahoma · 2006
- General Accessory Manufacturing Co. v. Oklahoma Tax CommissionCourt of Civil Appeals of Oklahoma · 2005
5 more not listed; retrieve them via the Exa API.