In order to be an apportionable
claim, the loss must have arisen from 'a failure to take reasonable care'.
There would thus need to be total agreement on all key issues (the definition of apportionable
income, the definition of the group whose activities are to be consolidated, and the apportionment formula).
Thanks to the Court's dramatic expansion of the "excise" tax exception to apportionment, the only important tax that remained apportionable
by the time Congress began considering the Sixteenth Amendment was the individual income tax itself.
The adoption of DA as the third apportionable
mission category in counterland doctrine will formally define the ability of airpower to engage and destroy an adversary's fielded military capabilities under defined circumstances.
In a worldwide combination, all affiliates, regardless of the place of incorporation, including the foreign subsidiaries, are included in the apportionable
Specifically, the court found that the functional test was met and concluded that the gain was apportionable
223) Thus, for these classes of businesses, there will be many instances in which they have in-state sales and, therefore, income apportionable
to a state under the state's general apportionment formula, but are nevertheless nontaxable.
2) The Supreme Court's early gutting of the Clauses in Hylton, with dicta limiting the category of "direct taxes" to easily apportionable
taxes and, more specifically, to capitation and real-estate taxes, was wrong.
The term "nonbusiness income" does not include income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations, or any amounts which could be included in apportionable
income without violating the due process clause of the United States Constitution.
353) If the legislature has seen fit to declare that joint liability is to be especially preserved in environmental tort litigation, a court will be reluctant to conclude that the harm is apportionable
and therefore not subject to joint liability.
The amendment changes the term "business income" to "apportionable
income" and revises the definition to all income that is apportionable
under the Constitution of the United States and is not allocated under the laws of a state, including:
If the election is effective for both states' purposes, the transaction generates gain from the deemed sale of the target corporation's assets, which is more likely to be business income (218) apportionable
to the state in which the business is operated (here, State X).