Plaintiff reasoned that, because the economic loss rule precluded her from suing the Fabre defendants in tort, it was improper and unfair for the defendant general contractor to decrease its percentage of fault by apportioning
fault to these persons and entities.
The current method of apportioning
seats in the House of Representatives of the United States, the so-called "method of equal proportions," does not even aim to make the populations of congressional districts as equal as possible.
Example 29 addresses the complexities of apportioning
state income taxes levied on a unitary basis.
The same concept applies in apportioning
unrelated-person interest under the asset value method.
5) In a second opinion, the Tax Court rejected the IRS's method of apportioning
the company's mixed-source income under the IFP method and applied the 50/50 method.
The state supreme court affirmed the Oregon Tax Court's decision that a company may include gross receipts from its investment securities in the sales factor when apportioning
income for corporate excise tax purposes.
Section 864(e) of the Code provides that the taxable income of each member of an affiliated group from sources outside the United States must be determined by allocating and apportioning
interest expense for each member as if all members of such group were a single corporation.
Originally, the drafters of the interest allocation rules intended that a taxpayer that elected the fair market value (FMV) method of apportioning
interest expense would be required to retain that method.
In contrast, most states have directly or indirectly adopted the UDITPA principle of first bifurcating income into "business" and "nonbusiness" components, and then apportioning
only business income to each state in which the corporation is subject to tax while allocating each item of nonbusiness income to a specific state.
The new regulations retain the structure of the prior regulations by apportioning
the taxpayer's income from Possession Purchase Sales on the basis of a business activity fraction.
Thus, we understand the thinking that led to the development of the sales and gross income methods of apportioning
research expenses as tenuous proxies for identifying the income attributable to the intangible.
The provision regarding apportioning
income applies to tax years beginning after 1997.