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A & F TRADEMARK, INC. v. TOLSON

No. COA03-1203.

605 S.E.2d 187 (2004)

A & F TRADEMARK, INC.; Caciqueco, Inc.; Expressco, Inc.; Lanco, Inc.; Lernco, Inc.; Limco Investments, Inc.; Limtoo, Inc.; Structureco, Inc.; and V. Secret Stores, Inc., Petitioners, v. E. Norris TOLSON, Secretary of Revenue, State of North Carolina, and his successors, Respondents.

Court of Appeals of North Carolina.

December 7, 2004.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, by Burley B. Mitchell, Jr. and Sean E. Andrussier, Raleigh; Morrison & Foerster, L.L.P., by Paul H. Frankel and Hollis L. Hyans, New York, NY; and Alston & Bird, L.L.P., by Jasper L. Cummings, Jr., Raleigh, for petitioners-appellants.

Attorney General Roy Cooper, by Assistant Attorney General Kay Linn Miller Hobart, for respondent-appellee.

Nelson, Mullins, Riley & Scarborough, L.L.P., by George M. Teague, Raleigh, on behalf of North Carolina Manufacturers Association, North Carolina Citizens for Business and Industry, North Carolina Biosciences Organization, and North Carolina Electronics and Information Technologies Association, amici curiae.

CALABRIA, Judge.

This appeal involves the assessment of corporate franchise and income taxes against A & F Trademark, Inc., Caciqueco, Inc., Expressco, Inc., Lanco, Inc., Lernco, Inc., Limco Investments, Inc., Limtoo, Inc., Structureco, Inc., and V. Secret Stores, Inc. (collectively, the "taxpayers"). Each of the taxpayers is a wholly-owned, non-domiciliary subsidiary corporation of the Limited, Inc. (the "Limited"...

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