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Maryland Upholds Tax Assessment Based on Unitary Business Principle

November 29, 2010
BNA Daily Report for Executives

Sutherland Tax Partner Michele Borens comments on the Maryland Tax Court's decision in W.L. Gore & Associates Inc. v. Maryland Comptroller of the Treasury in which the court upheld income tax assessments against two Delaware intangible holding companies that lacked physical presence in the state. The court found that the companies had substantial connections and nexus by virtue of the activities of their parent company.  Borens stressed that the court's ruling was flawed and noted the following:  "The Maryland Tax Court's decision in Gore muddles multiple distinct state tax concepts—the unitary business principle, economic substance and nexus principles."

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