Legal Opinion

Borden, Inc. v. Illinois Dept. of Revenue

Appellate Court of Illinois

Decided March 27, 1998No. 1-96-2408PublishedCited by 10 opinions

1Opinion of the CourtJustice Hourihane

Plaintiff, Borden, Inc. (Borden), appeals an order of the circuit court affirming a decision of the Director of the Illinois Department of Revenue (Director). The Director found that, for purposes of the Illinois Income Tax Act (Tax Act) (Ill. Rev. Stat. 1981, ch. 120, par. 1 — 101 et seq. (now 35 ILCS 5/101 et seq. (West 1996))), Borden’s three Pepsi-Cola subsidiaries (Pepsi Subs) were part of Borden’s “unitary business group” and the capital gains Borden realized from the sale of its Pepsi Subs stock in 1982 were “business income.” We affirm.

BACKGROUND

Borden, a New Jersey corporation with…

2Cases cited13 opinions

  1. Container Corp. of America v. Franchise Tax BoardSupreme Court of the United States · 1983
  2. Allied-Signal, Inc. Ex Rel. Bendix Corp. v. Director, Division of TaxationSupreme Court of the United States · 1992
  3. ASARCO Inc. v. Idaho State Tax CommissionSupreme Court of the United States · 1982
  4. FW Woolworth Co. v. Taxation and Revenue Dept. of NMSupreme Court of the United States · 1982
  5. Caterpillar Tractor Co. v. LenckosIllinois Supreme Court · 1981

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3Cited by10 opinions

  1. Zebra Technologies Corp. v. TopinkaAppellate Court of Illinois · 2003
  2. Automatic Data Processing, Inc. v. Department of RevenueAppellate Court of Illinois · 2000
  3. Gannett Co., Inc. v. State Tax AssessorSupreme Judicial Court of Maine · 2008
  4. Mead Corp. v. Department of RevenueAppellate Court of Illinois · 2007
  5. PepsiCo, Inc. v. Department of RevenueAppellate Court of Illinois · 2025

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