No. 23-443

MMN Infrastructure Services, LLC, Successor in Interest to Vectren Infrastructure Services Corp. v. Michigan Department of Treasury

Lower Court: Michigan
Docketed: 2023-10-27
Status: Denied
Type: Paid
Amici (3)Response Waived Experienced Counsel
Tags: corporate-disclosure extraterritorial-taxation factor-representation fair-apportionment interstate-commerce short-tax-year tax-apportionment tax-assessment temporal-element
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2023-11-17
Question Presented (from Petition)

1. Whether, to comply with the requirements of fair apportionment and the prohibition on extraterritorial taxation, a state must include in its state tax apportionment formula the factors of a business giving rise to income to be taxed.

2. Whether factor representation includes a temporal element.

Question Presented (AI Summary)

Whether a state must include in its tax apportionment formula the factors of a business giving rise to income to be taxed, and whether factor representation includes a temporal element

Docket Entries

2023-11-20
Petition DENIED.
2023-11-15
Brief amicus curiae of Council On State Taxation filed. (Distributed)
2023-11-14
Brief amicus curiae of American College of Tax Counsel filed. (Distributed)
2023-11-10
Brief amicus curiae of The Institute for Professionals in Taxation filed. (Distributed)
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-31
Waiver of right of respondent Michigan Department of Treasury to respond filed.
2023-10-25
Petition for a writ of certiorari filed. (Response due November 27, 2023)

Attorneys

American College of Tax Counsel
Dirk GiseburtDavis Wright Tremaine LLP, Amicus
Council On State Taxation
Karl A. FriedenCouncil On State Taxation, Amicus
Michigan Department of Treasury
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
MMN Infrastructure Services, LLC
John J. BurschBursch Law PLLC, Petitioner
The Institute for Professionals in Taxation
Mark Allen LoydDentons Bingham Greenebaum LLP, Amicus