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Taxation-State and Local Commons

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1985

Corporate law

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Full-Text Articles in Taxation-State and Local

Federal Law And State Corporate Income Taxes, Charles E. Mclure, Jr. Jan 1985

Federal Law And State Corporate Income Taxes, Charles E. Mclure, Jr.

Vanderbilt Journal of Transnational Law

Beginning as early as 1959, when the Supreme Court handed down its decision in Northwestern States Portland Cement and Stockham Valves, the business community has repeatedly asked that federal legislation be enacted to restrict the scope of permissible state action in taxing corporate income. In the intervening quarter century, the only federal legislation on state corporate income tax was P.L. 86-272, which restricted the ability of states to tax a nondomiciliary company when the company's only activity in the state was the solicitation of sales. In 1983 following the Court's decision in Container Corporation of America, foreign corporations and foreign …