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COM., DEPT. OF TAXATION v. LUCKY STORES, INC.

Record No. 750775.

225 S.E.2d 870 (1976)

COMMONWEALTH of Virginia, DEPARTMENT OF TAXATION v. LUCKY STORES, INC.

Supreme Court of Virginia.

June 11, 1976.

Attorney(s) appearing for the Case

J. Durwood Felton, III, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for plaintiff in error.

Carrington Williams, Fairfax (Arthur P. Scibelli, Boothe, Prichard & Dudley, Fairfax, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

This controversy concerns the methods used for income taxation of a multistate foreign corporation.

Code §§ 58-151.035 through 58-151.050 provide for allocation and apportionment of Virginia taxable income by a corporation having income from business activity which is taxable both within and without Virginia. Code § 58-151.041 requires that taxable income, excluding certain classes, of such a corporation be apportioned to Virginia...

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