Ruth’s Candy Inc., a North Carolina Corporation, recently di…
Ruth’s Candy Inc., a North Carolina Corporation, recently disposed of 1,000 shares of stock, realizing a capital gain of $1 million. Taking the position that the capital gain was business income, Ruth’s Candy included the gain in its apportionment base for each of the 15 states with which it has nexus. After review, the North Carolina Department of Revenue recalculated the North Carolina State Tax by allocating the entire capital gain to North Carolina on the premise that the capital gain was allocable nonbusiness income. A North Carolina deficiency was assessed. Ruth’s Candy is adamant in its position that the capital gain was business income and threatens to sue the State of North Carolina, “in the highest court in the land.” What should be your next step as Ruth’s Candy’s tax adviser?
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