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IN RE GOODYEAR T. & R. CO., CORP. INCOME T., 1966, 1967, 1968

No. 203-72.

335 A.2d 310 (1975)

In re GOODYEAR TIRE & RUBBER COMPANY, CORPORATION INCOME TAX 1966, 1967, 1968.

Supreme Court of Vermont, Windsor.

Rehearing Denied March 3, 1975.

Attorney(s) appearing for the Case

Paterson, Gibson, Noble & Brownell, Montpelier, and Black & Plante, White River Junction, for Goodyear Tire & Rubber Co.

M. Jerome Diamond, Atty. Gen., James E. Hirsch, Asst. Atty. Gen., and Charles Edwin Goldkamp, Deputy Commissioner of Taxes, for the Commissioner of Taxes.

Before BARNEY, C. J., SMITH, KEYSER and LARROW, JJ., and SHANGRAW, C. J. (Ret.), Assigned.

SMITH, Justice.

This is an appeal from a decision of the Windsor County Court upholding the determination of the Commissioner of Taxes refusing to modify the apportionment formula provided in 32 V.S.A. § 5833 as requested by Goodyear Tire & Rubber Company. The apportionment formula in question was used to allocate a fair and equitable portion of Goodyear's income derived from business activity conducted both within and without Vermont to be subject to Vermont...

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