Skip to Content
MTC multistate tax Commission
image description
An intergovernmental state tax agency whose mission is to promote uniform and consistent tax policy and administration among the states, assist taxpayers in achieving compliance with existing tax laws, and advocate for state and local sovereignty in the development of tax policy.
  • The Commission
    • About Us
    • Email Updates
    • MTC History
    • Member States
    • Multistate Tax Compact
    • Programs & Committees
    • Bylaws
    • Officers & Executive Committee Members
    • Executive Committee Archive
    • Litigation Committee Archive
    • Annual Reports
    • Policy Statements & Resolutions
    • Public Participation Policy
    • News
    • Paull Mines Award
    • Wade Anderson Memorial Award
    • Annual Business Meeting Archive
  • Uniformity
    • About Uniformity
    • Uniformity Charter
    • Uniformity Process
    • Adopted Uniformity Recommendations
    • Uniformity Meeting Archives
    • Standing Subcommittee
    • Current & Recent Uniformity Projects
    • Article IV
    • Amicus Briefs
  • Nexus
    • Multistate Voluntary Disclosure Program
    • Multistate Voluntary Disclosure Application
    • Member States
    • Nexus Committee
    • State Tax Amnesties
    • State Tax Amnesties Archive
  • Audit
    • Audit Member States
    • Taxpayer-Initiated Joint Audits
    • Audit Committee
    • Audit Committee Archive
    • Audit Training Programs
    • Resource Documents
    • Audit Program Links
  • Events & Training
    • Past MTC Meetings
    • Upcoming Training Events
    • Faculty Biographies
    • Training Program Fees
    • Frequently Asked Questions
    • Training Program
  • Resources
    • Uniform Sales & Use Tax Resale Certificate - Multijurisdiction
    • Policy Research
    • Amicus Briefs
    • Legislation
    • Alternative Dispute Resolution
    • Tax Stratification and Estimation Program (TSEP)
    • Employment Opportunities
    • Legal Internship Program
    • State Sales & Use Tax Registration Forms
    • Research, Presentations, & Publications
    • Career Information Websites
Noell Industries, Inc. v. Idaho State Tax Commission

Amicus-Brief-of-MTC.jpgThe Multistate Tax Commission has filed an amicus brief urging the U.S. Supreme Court to review the Idaho Supreme Court's decision in Noell Industries, Inc. v. Idaho State Tax Commission, 470 P.3d 1176 (Idaho 2020). In its decision, the Idaho Supreme Court held that Idaho could not tax a holding company on any portion of its gain from the sale of a multistate business that had operated in that state for almost two decades. In its amicus brief, the Commission pointed out that the U.S. Supreme Court has never considered the application of the unitary business principle to a business enterprise that includes a holding company, resulting in a gap in Due Process Clause jurisprudence, and that the Idaho Supreme Court’s decision contributes to a growing conflict among state courts and administrative tribunals. Given the now commonplace use of holding companies, the Commission encouraged the Court to take this opportunity to provide needed guidance on how to apply the unitary business principle when a holding company sells a controlling interest in a multistate business.

You can read the brief by clicking here .
 

Quick Links
  • MTC Past Events
  • Member States
  • Programs & Committees
  • State Intercompany Transactions Advisory Service (SITAS)
  • Strategic Planning Committee
Upcoming Events

55th Annual Meetings

August 1 - 4, 2022
in Anchorage, Alaska
Schedule of Events  
Online Registration

State Taxation of Partnerships Work Group

June 27, 2022 - Held bi-weekly 
at 3:00 p.m. Eastern
Via GoToMeeting
View Agenda

Programs & Resources
  • Legislation
  • Multistate Voluntary Disclosure Program
  • Uniform Sales & Use Tax Certificate
  • Adopted Uniformity Recommendations
About MTC
  • About Us
  • Contact Us
  • Terms of Use
  • Resources
  • Privacy and Refund Policy
Committees
  • Executive Committee
  • Audit Committee
  • Litigation Committee
  • Nexus Committee
  • State Intercompany Transaction Advisory Service Committee
  • Strategic Planning Committee
  • Uniformity Committee
The Commission
  • Member States
  • Multistate Tax Compact
  • Bylaws
  • MTC Officers & Members
  • Annual Reports

Back to top