The Multistate Tax Compact on Trial: Franchise Tax Board Files for California Supreme Court Review i(1)

The Bloomberg BNA Tax Management Weekly State Tax Report filters through current state developments and analyzes those critical to multistate tax planning.

Taxpayers wanting to use the three-factor Compact formula in calculating apportionable income in California face uncertainty and risk in light of the non-finality of Gillette. In having taken the position that Gillette may not be relied upon to avoid penalties and that protective refund claims will be treated as invalid under the doctrine of elections, California brings the practical difficulties into sharp focus, thus, making review of the state's recent developments in apportionment law all the more essential as a first step in mitigating risk and protecting Compact apportionment.