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Decisions

These decisions come from the Arizona Department of Revenue Hearing Office and the Director’s Office and are posted here as required by A.R.S. § 42-2077

Document Type Category Document ID Description Tags Decision Date
Decisions Corporate Tax 200800188-C

Sourcing of slot machine owner’s receipts for sales factor purposes.  Whether placing machines in casinos was rental of personal property.

Hearing 02/11/2020
Decisions Corporate Tax 201200235-C

Gross receipts from Taxpayer’s sale of its assets should be excluded from the sales factor.

Hearing 05/31/2013
Decisions Corporate Tax 201100309-C

Taxpayer did not use its investment account in its regular trade or business so its investment income was not business income. Reimbursement of shared business expenses from a co-tenant was business income.

Hearing 07/30/2012
Decisions Corporate Tax 200900134-C

To claim an enterprise zone credit the taxpayer must be the employer.

Director 05/24/2011
Decisions Corporate Tax 200800192-C

Calculation of the enterprise zone credit amount

Hearing 10/16/2009
Decisions Corporate Tax 200800128-C

Gain from a §338(h)(10) sale of a subsidiary should be treated as business income

Hearing 07/10/2009
Decisions Corporate Tax 200700189‑C

Taxpayer not allowed research and development credit, under A.R.S. 43-1168, where the Taxpayer relies on unsubstantiated estimates of research expenditures from an acquired company in years preceding the acquisition of such company to calculate the credit.

Director 02/09/2009
Decisions Corporate Tax 200700189-C

Tax credit study was not based on sufficient evidence to prove entitlement to an increased research and development credit.

Director 02/06/2009
Decisions Corporate Tax 200600091-C

Gain from the sale of stock in a foreign subsidiary owned by a holding company was apportionable business income.

Director 09/08/2008
Decisions Corporate Tax 200600091-C

Gain from the sale of stock in a foreign subsidiary owned by a holding company was apportionable business income.

Director 09/08/2008
Decisions Corporate Tax 200700083-C

Whether Arizona has sufficient nexus to tax income from an out-of-state franchisor that receives license and royalty fees from Arizona franchisees.

Hearing 03/27/2008
Decisions Corporate Tax 200600161-C

Net operating loss carryforward and continuity of business enterprise; municipal bond interest.

Director 10/29/2007
Decisions Corporate Tax 200600082-C

Are gains arising from certain transactions business or nonbusiness income?

Hearing 06/15/2007
Decisions Corporate Tax 200600161-C

In calculating Arizona net operating loss carryforward in a merger; Is the exclusion of in-state municipal bonds, unconstitutional?

Hearing 06/07/2007
Decisions Corporate Tax 200600091-C

Do gains arising from sales of common stock of a majority -owned overseas subsidiary constitute busness income apportionable to Arizona?

Director 05/14/2007
Decisions Corporate Tax 200600105-C

Effect of prior closing agreement concerning use of the completed contract method of accounting and an apportionment method for completed contracts.

Hearing 03/07/2007
Decisions Corporate Tax 200500075-C

Does the construction of storm water retention areas and sewer systems qualify for credit as pollution control equipment.

Director 02/12/2007
Decisions Corporate Tax 200500147-C

Does the construction of storm water retention areas and sewer systems qualify for credit as pollution control equipment.

Director 01/26/2007
Decisions Corporate Tax 200600088-C

Whether a merger termination fee is business or non-business income; A.R.S. 42-2076

Hearing 10/10/2006
Decisions Corporate Tax 200600035-C

REIT dividend deduction not allowed where the corporate REIT and beneficiary are part of the same unitary group

Hearing 09/15/2006
Decisions Corporate Tax 200400017-C

Arizona consolidated group was required to include in the numerator of the Arizona sales factor a portion of the sales made by a partnership, in which some members of the group had an interest, to another member of the group doing business in Arizona.

Director 12/09/2004
Decisions Individual Income Tax 201600108-I

Taxpayers cannot claim Schedule C lost for amounts allegedly paid to their son in cash without evidence to support payments.

Director 03/13/2017
Decisions Individual Income Tax 201600226-I

While a taxpayer using the standard meal allowance (per diem) method does not have to keep records of actual costs, the taxpayer must still establish the time, place and business purpose of the travel. Only one-half of the per diem allowed for meals and incidental expenses may be deducted.

Hearing 11/06/2016
Decisions Individual Income Tax 201600097-I

Taxpayer is not entitled to deduct as alimony payments representing a division of the retirement accounts of Taxpayer and his ex-spouse. The payments constituted property settlement.

Hearing 06/02/2016
Decisions Individual Income Tax 201500296-I

Taxpayer is not entitled to a refund of taxes withheld by his employer because Taxpayer did not file a return within four years after the due date of the original return.

Hearing 04/28/2016
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