Legal Opinion

Burlington Northern, Inc. v. Idaho State Tax Commission

Idaho Supreme Court

Decided February 24, 1992No. 18889PublishedCited by 3 opinions

1Opinion of the Court

McDEVITT, Justice.

The issue to be resolved is:

Was the district court correct in ruling that I.C. § 63-3029B requires that an entity wishing to claim an Idaho investment tax credit for rolling stock and moveable property must show that the “qualified investment” (or, the property acquired) was physically present in Idaho?

NATURE OF THE CASE

The Idaho State Tax Commission (ISTC) issued a Notice of Deficiency/Overassessment Determination to Burlington Northern on March 4, 1987, and to Union Pacific on April 20, 1987 (hereinafter referred to as “the railroads”). The ISTC proposed to disallow the…

2Cases cited6 opinions

  1. J.R. Simplot Company, Inc. v. Idaho State Tax CommissionIdaho Supreme Court · 1991
  2. Kneeland v. New England Merchants National BankSupreme Court of the United States · 1980
  3. American Smelting & Refining Co. v. Idaho State Tax CommissionIdaho Supreme Court · 1979
  4. State Ex Rel. Haworth v. BerntsenIdaho Supreme Court · 1948
  5. Barraclough v. State Tax CommissionIdaho Supreme Court · 1954

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

3Cited by3 opinions

  1. Union Pacific Corp. v. Idaho State Tax CommissionIdaho Supreme Court · 2004
  2. Burlington Northern, Inc. v. Idaho State Tax CommissionIdaho Supreme Court · 1995
  3. Burlington Northern, Inc. v. Idaho State Tax CommissionIdaho Supreme Court · 1995

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