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The Court ordered FTB's determination to be reversed and its action modified.
In 1990, the Supreme Court concluded that for purposes of calculating the sales factor of the apportionment formula, sales made by the taxpayer's unitary subsidiary to destinations in states other than California should not be "thrown back" to California even though the subsidiary itself was not taxable in those states, because another member of the unitary group was taxable in those other states...
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The Court ordered FTB's determination to be reversed and its action modified.
In 1990, the Supreme Court concluded that for purposes of calculating the sales factor of the apportionment formula, sales made by the taxpayer's unitary subsidiary to destinations in states other than California should not be "thrown back" to California even though the subsidiary itself was not taxable in those states, because another member of the unitary group was taxable in those other states...
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