Legal Opinion
(2010)
Maryland Attorney General Reports
Decided February 23, 2010Published
1Opinion of the Court
You have requested our opinion as to whether federal stimulus funds received as part of the American Recovery Reinvestment Act of 2009 ("ARRA") by a Maryland public utility are subject to state taxes. Specifically, you have asked if a federal stimulus grant received by the public utility for up to 50% of the costs of an Advanced Meter Infrastructure regulatory asset would be subject to Maryland income tax.
For the reasons given below, it is our opinion that a Maryland public utility receiving a grant for the costs of such a regulatory asset under ARRA would be required to pay Maryland income…
2Cases cited10 opinions
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- Commissioner v. KowalskiSupreme Court of the United States · 1977
- Comptroller of the Treasury, Income Tax Division v. Diebold, Inc.Court of Appeals of Maryland · 1977
- William Simmons and Viola Simmons, His Wife v. United StatesCourt of Appeals for the Fourth Circuit · 1962
- Comptroller of Treasury v. Gannett Co.Court of Appeals of Maryland · 1999
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