Legal Opinion

Westinghouse Electric Corp. v. Tully

New York Court of Appeals

Decided April 1, 1982PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Fuchsberg, J.

In an article 78 proceeding to review a determination of the State Tax Commission which sustained corporate franchise taxes imposed pursuant to article 9-A of the Tax Law, we are called upon to pass on the constitutionality of New York statutes which tax income emanating from the earnings of a “domestic international sales corporation” (hereinafter referred to by the acronym “DISC”), a class of corporations newly made eligible for preferential tax treatment by the Federal Revenue Act of 1971.

The primary requirement for qualification as a DISC is that a…

2Cases cited11 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. Wisconsin v. J. C. Penney Co.Supreme Court of the United States · 1941
  3. Northwestern States Portland Cement Co. v. MinnesotaSupreme Court of the United States · 1959
  4. Boston Stock Exchange v. State Tax CommissionSupreme Court of the United States · 1977
  5. Mobil Oil Corp. v. Commissioner of Taxes of Vt.Supreme Court of the United States · 1980

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

3Cited by8 opinions

  1. Westinghouse Electric Corp. v. TullySupreme Court of the United States · 1984
  2. Westinghouse Electric Corp. v. TullyNew York Court of Appeals · 1984
  3. State, Department of Revenue v. Alaska Pulp America, Inc.Alaska Supreme Court · 1983
  4. Bunge Corp. v. Secretary of Dept. of Rev.Louisiana Court of Appeal · 1982
  5. Cook Export Corp. v. KingTennessee Supreme Court · 1983

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

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