Clinton Shirt Corp. v. Kentucky Board of Tax Appeals

I respectfully dissent from the majority opinion which I believe is contrary to the clear and unambiguous legislative intent embodied in KRS 141.120 as it was written when this dispute arose. Section 2 of that statute provided for the allocation and apportionment of net income by a corporation having “income from business activity which is taxable both within and without this state.” Section 3 then stated unequivocally that “a corporation is taxable in another state if, in that state it is subject to . a franchise tax measured by net income [or] a franchise tax for the privilege of doing…