Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but interrelated legal doctrines. The likelihood of more disputes about water quality and quantity makes it especially important for lawyers in Wisco
Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but interrelated legal doctrines. The likelihood of more disputes about water quality and quantity makes it especially important for lawyers in Wisco
Is the unitary business principle the sole test for determining whether a state can tax an apportioned share of a non-domiciliary’s capital gains under the U.S. Supreme Court’s Due.
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In a case involving whether a nondomiciliary state can apportion a gain earned by a passive holding company on the sale of an interest in a limited liability company (“LLC”), the Idaho Supreme Court found the gain was not apportionable, and the U.S. Supreme Court denied review.
Noell Indus. Inc. v. Idaho State Tax Comm’n, 470 P. 3d 1176 (Idaho filed May 22, 2020),
cert. denied, 209 L. Ed. 2d 130 (2021). This case is significant in that it adds clarity to the question never addressed by the U.S. Supreme Court of whether a passive holding company is unitary with the investment it holds. The careful analysis in