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COM'R OF REVENUE v. ASSOCIATED DRY GOODS

No. C6-83-227.

347 N.W.2d 36 (1984)

The COMMISSIONER OF REVENUE, Respondent, v. ASSOCIATED DRY GOODS, INC., Relator.

Supreme Court of Minnesota.

March 23, 1984.

Attorney(s) appearing for the Case

Ralph W. Peterson, Daniel T. Blomquist, Minneapolis, for relator.

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., Dept. of Rev., St. Paul, for respondent.

Heard, considered and decided by the court en banc.

SIMONETT, Justice.

The relator taxpayer, with headquarters in New York City, has retailing divisions located throughout the United States, including the Powers Dry Goods Company division in Minnesota. The Tax Court held that the taxpayer was a "unitary" business conducted within and without Minnesota, so that the taxpayer's aggregate income from all its divisions was to be apportioned under the three-factor formula of Minn. Stat. § 290.19 (1982) to determine...

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