Oregon - Telecommunication company’s gain from sale of assets is apportionable business income

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In Crystal Communications, Inc. v. Department of Revenue, decided on March 7, 2013, the Oregon Supreme Court held that gain realized from the sale of a telecommunication company’s assets was apportionable business income [Crystal Communications, Inc. v. Department of Revenue, Ore. Supreme Ct., TC 4769; SC S059271, 3/7/13]. Based upon essentially the same facts, the Court affirmed this holding in CenturyTel, Inc. v. Department of Revenue, decided the same day [CenturyTel, Inc. v. Department of Revenue, Ore. Supreme Ct., TC 4826; SC S059502, 3/7/13]. While involving provisions specific to telecommunication taxpayers, these decisions may provide support for other Oregon taxpayers that revenue from the sale of assets in liquidation qualifies as business income.


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