The Utah Supreme Court handed taxpayers a victory on October 5, 2018 when it issued a unanimous (5-0) decision in the closely-watched Utah State Tax Commission v. Seeâs Candies, Inc., 2018 UT 57 (Oct. 5, 2018). The Court affirmed the district courtâs holding that the Utah State Tax Commissionâs (âCommissionâ) discretionary authority to reallocate a taxpayerâs income under Utah Code Section 59-7-113 (âSection 113â) is limited by the âarmâs-lengthâ standard set forth in the federal…
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