FORD CREDIT INTERN., INC. v. DEPT. OF TREAS.

Docket No. 258389.

716 N.W.2d 593 (2006)

270 Mich. App. 530

FORD CREDIT INTERNATIONAL, INC., Plaintiff-Appellant, v. DEPARTMENT OF TREASURY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided April 4, 2006, at 9:20 a.m.

Released for Publication June 12, 2006.


Attorney(s) appearing for the Case

Miller, Canfield, Paddock & Stone, P.L.C. (by Samuel J. McKim, III; and Joanne B. Faycurry), Detroit, for the plaintiff.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General and Glenn R. White, Assistant Attorney General, for the defendant.

Before: SMOLENSKI, P.J., WHITBECK, C.J., and O'CONNELL, J.


O'CONNELL, J.

Plaintiff appeals as of right an order granting summary disposition for defendant. We reverse. This case concerns the application of the Single Business Tax Act (SBTA), MCL 208.1 et seq., to foreign subsidiary, nonrepatriated earnings that the Internal Revenue Code (IRC), 26 U.S.C. 1 et seq., requires plaintiff to report as dividends on its federal income tax returns.

Plaintiff is an international financing company that controls...

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