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Texas misstep Texas court sanctions another broad Texas comptroller nexus position
  • Jones Day
  • USA
  • December 31 2010

The Amarillo Court of Appeals recently held in Galland Henning Nopak, Inc. v. Combs that an employee's promoting or inducing sales in Texas is sufficient to create nexus and subject an out-of-state company to the Texas franchise tax (both the earned-surplus component and the taxable capital component in effect during the audit period).

Fifth Circuit applies "Cohan Rule" to research credit
  • Baker & Hostetler LLP
  • USA
  • June 17 2009

On June 9th the Fifth Circuit vacated the opinion of the Southern District of Texas in the case of United States v. McFerrin, 2008-2 USTC 50,583.