COM., DEPT. OF TAXATION v. B.J. McADAMS, INC.

Record No. 811921.

317 S.E.2d 788 (1984)

COMMONWEALTH of Virginia, DEPARTMENT OF TAXATION v. B.J. McADAMS, INC.

Supreme Court of Virginia.

June 15, 1984.


Attorney(s) appearing for the Case

Kenneth W. Thorson, Sr. Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., John G. MacConnell, Asst. Atty. Gen., on briefs), for appellant.

Alexander Wellford, Richmond (Christian, Barton, Epps, Brent & Chappell, Richmond, on brief), for appellee.

Present: All the Justices.


RUSSELL, Justice.

In this tax case, we must determine whether Virginia may lawfully impose a corporate income tax upon the part of the earnings of an interstate common carrier which is derived from transportation over Virginia highways. To make this determination, we must decide whether the carrier has "income from Virginia sources," as defined in Code § 58-151.02(g). If the carrier meets the statutory test so as to render it liable to Virginia income taxes,...

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