Legal Opinion

Kohl'S Dep't Stores, Inc. v. Va. Dep't of Taxation

Supreme Court of Virginia

Decided March 22, 2018No. Record 160681PublishedCited by 8 opinions

1Opinion of the Court

OPINION BY JUSTICE WILLIAM C. MIMS

In this appeal, we consider the extent to which a corporate taxpayer must include in its Virginia taxable income royalties paid to an intangible holding company. 1

I. Background and Procedural History

Kohl's Department Stores, Inc. ("Kohl's") is a corporation organized under the laws of Delaware. It operates retail stores throughout the United States, including Virginia. Kohl's Illinois, Inc. ("Kohl's Illinois"), a corporation organized under the laws of Nevada, is an affiliate of Kohl's. Kohl's Illinois operates retail stores in select states, none of which…

Also in this document: Dissent.

2Cases cited39 opinions

  1. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  2. Liparota v. United StatesSupreme Court of the United States · 1985
  3. Container Corp. of America v. Franchise Tax BoardSupreme Court of the United States · 1983
  4. Swift & Co. v. Hocking Valley Railway Co.Supreme Court of the United States · 1917
  5. Allied-Signal, Inc. Ex Rel. Bendix Corp. v. Director, Division of TaxationSupreme Court of the United States · 1992

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3Cited by8 opinions

  1. City of Charlottesville v. Regulus Books, LLCSupreme Court of Virginia · 2022
  2. Commonwealth of Virginia, Department of Taxation v. 1887 Holdings, Inc. etc.Court of Appeals of Virginia · 2023
  3. Dana Mark Camann, Jr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2024
  4. Jordan Darrell Morris v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2022
  5. Jordan Darrell Morris v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2023

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