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F. W. WOOLWORTH COMPANY v. COMMISSIONER OF TAXES

No. 30-71.

298 A.2d 839 (1972)

F. W. WOOLWORTH COMPANY v. COMMISSIONER OF TAXES.

Supreme Court of Vermont, Washington.

December 5, 1972.

Attorney(s) appearing for the Case

Paterson, Gibson, Noble & Brownell, Montpelier, and Michael Bray, of Davies, Hardy, Ives & Lawther, New York City, of counsel, for plaintiff; Coffrin, Pierson, Affolter & Amidon, Burlington, and J. Dwight Evans, and Jerome R. Hellerstein, New York City, of counsel, on amicus brief of Mobil Oil Corp.

James M. Jeffords, Atty. Gen., for defendant; Martin K. Miller, Asst. Atty. Gen., and Murray Drabkin, and Lee H. Spence, Washington, D. C., of counsel.

Before SHANGRAW, C. J., and BARNEY, SMITH, KEYSER and DALEY, JJ.

KEYSER, Justice.

The Vermont tax department under 32 V.S.A. § 5833 assessed additional corporate income taxes against the appellant, F. W. Woolworth Company, totaling $12,735.85 for the years 1966, 1967, 1968 and 1969. Excepting for minor adjustments these assessments resulted from the disallowance of an exclusion from the company's income of the "foreign tax credit dividend grossup" which the appellant had reported as income on its federal income tax return...

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