Lockheed Aircraft Corp. v. State Tax Commission

CROCKETT, Justice:

Lockheed Aircraft Corporation and its subsidiary, Lockheed Missiles, appeal from a decision of the State Tax Commission denying their claim for a refund of taxes and affirming a deficiency assessment.

The gravamen of their appeal is that the Commission was mistaken in ruling that these two companies were not qualified to file a consolidated tax return because they did not constitute an “affiliated group” within the meaning of Sec. 59-13-23, U.C. A.1953, discussed below.

Both Lockheed Aircraft and its subsidiary Lockheed Missiles are California corporations engaged in phases of…