FIELDCREST MILLS, INC. v. COBLE

No. 67.

227 S.E.2d 562 (1976)

290 N.C. 586

FIELDCREST MILLS, INC. v. J. Howard COBLE, Secretary of Revenue for the State of North Carolina.

Supreme Court of North Carolina.

September 1, 1976.


Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by Leon L. Rice, Jr., and John L. W. Garrou, Winston-Salem, for plaintiff appellant.

Rufus L. Edmisten, Atty. Gen., and George W. Boylan, Asst. Atty. Gen., Raleigh, for defendant appellee.


SHARP, Chief Justice.

The facts of the present case can be reduced to the following formula. "A," a parent corporation, incorporates "B," a wholly owned subsidiary, to perform a vital manufacturing service required by "A" corporation in its own production. "B" not only provides the service to "A" corporation, but 40% of its business is conducted with others. The two corporations operate as parent and subsidiary, filing separate state income tax returns as required...

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