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- Title
The Scoop on the Unitary Business Principle: How Blue Bell's Corporate Restructuring Increased the Scope of Out-of-State Taxation in Blue Bell Creameries, LP v. Roberts.
- Authors
Harding, Stuart R.
- Abstract
The article focuses on the judgment of the Tennessee Supreme Court in Blue Bell Creameries, L.P. v. Roberts (Blue Bell II). It was held that the State has no power to tax an apportioned share of the 119 million U.S. dollars in capital gains that the taxpayer realized from corporate restructuring. Brief information on the unitary business principle is presented, and explains the unitary relationship test and the operational function test used to determine when business entities are unitary.
- Subjects
UNITED States; TENNESSEE. Supreme Court; BLUE Bell Creameries LP; UNITED States tax laws; CORPORATE reorganizations; AMERICAN business enterprises; ACTIONS &; defenses (Law)
- Publication
Tax Lawyer, 2011, Vol 64, Issue 4, p989
- ISSN
0040-005X
- Publication type
Article