Eastman Kodak v. Comm. of Revenue Serv., No. Cv 98 0492598s (May 26, 2000)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION

The issue is this tax appeal is whether the defendant, Commissioner of Revenue Services (Commissioner), may disallow 8/23rds of the deductions claimed by the plaintiff, Eastman Kodak Company (Eastman Kodak), for commission expenses paid to its wholly-owned subsidiary, Eastman Kodak International Sales Corporation (EKISC), as expenses related to dividends.

The parties have stipulated to the following facts. Eastman Kodak is a corporation existing under the laws of the state of New Jersey with its…