Legal Opinion
Director of Revenue v. CNA Holdings, Inc.
Supreme Court of Delaware
Decided March 21, 2003No. 51,2002PublishedCited by 30 opinions
1Opinion of the Court
BERGER, Justice:
In this appeal, we consider the meaning of a tax statute that allocates and apportions to Delaware part of the entire taxable income of corporations that generate revenue in several states. The relevant provision includes, as taxable income in Delaware, 100% of the gains (or losses) on the sale of real property located in this State. This statute caused the appellee taxpayer to pay tax on 187% of its gain on the sale of a Delaware property, since other states also taxed the transaction. The Delaware Tax Appeal Board rejected the taxpayer’s claim for a refund, but the Superior…
2Cases cited4 opinions
- Moorman Manufacturing Co. v. BairSupreme Court of the United States · 1978
- Eliason v. EnglehartSupreme Court of Delaware · 1999
- Newtowne Village Service Corp. v. Newtowne Road Development Co.Supreme Court of Delaware · 2001
- Ingram v. ThorpeSupreme Court of Delaware · 2000
3Cited by30 opinions
- Chase Alexa, LLC v. Kent County Levy CourtSupreme Court of Delaware · 2010
- Insurance Commissioner of Delaware v. Sun Life Assurance Co. of CanadaSupreme Court of Delaware · 2011
- Lehman Bros. Bank, FSB v. State Bank CommissionerSupreme Court of Delaware · 2007
- Reddy v. PMA InsuranceSupreme Court of Delaware · 2011
- In Re Last Will and Testament of PaleckiCourt of Chancery of Delaware · 2007
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