New York ALJ - Corporations properly filed combined returns, defeated department attempt to force separate filing

January 2013

Overview

An ALJ held that three related corporations properly filed combined New York franchise tax returns for the 2002 to 2004 tax years because they satisfied the capital stock, unitary business, and distortion requirements for combined filing in place during those tax years. In so ruling, the corporations were able to defeat an attempt by the Department of Taxation and Finance on audit to decombine the entities.

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