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INTERNATIONAL PAPER CO. v. BROADHEAD

AV93000559.

662 So.2d 277 (1995)

INTERNATIONAL PAPER COMPANY v. Ernest BROADHEAD, as Chief of Franchise Tax Division of the Department of Revenue of the State of Alabama.

Court of Civil Appeals of Alabama.

Rehearing Denied February 10, 1995.

Certiorari Denied May 5, 1995.

Attorney(s) appearing for the Case

D. Charles Holtz and J.M. Druhan of Johnston, Wilkins, Druhan & Holtz, Mobile, Thomas R. DeBray and William B. Sellers of Kaufman & Rothfeder, Montgomery, for appellant.

Dan E. Schmaeling, Asst. Counsel, Dept. of Revenue, and Asst. Atty. Gen., for appellee.

Bruce P. Ely and Allyson L. Edwards of Tanner & Guin, P.C., Tuscaloosa, for amicus curiae the Business Council of Alabama.

Alabama Supreme Court 1940897.

L. CHARLES WRIGHT, Retired Appellate Judge.

This is an appeal from a decision of the Circuit Court of Montgomery County upholding the denial of a foreign franchise tax credit by the Department of Revenue of the State of Alabama against International Paper Company (IPCO).

The facts are not in dispute and are as follows: In March 1986 Hammermill Paper Company, a Pennsylvania corporation (Hammermill Penn), qualified for...

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