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Vermont Superior Court holds Tax Commissioner incorrectly determined insurance company and ski resort were unitary

The Vermont Superior Court has held that the Tax Commissioner’s determination that a ski resort was unitary with a parent company that primarily operated insurance businesses was not within the constitutional scope of the unitary business principle. The testimony of the parent company’s witnesses described the ski resort as a discrete business enterprise unrelated to the parent company’s insurance and financial businesses. Because the Tax Commissioner did not offer a reason to disregard the testimony and presume the businesses were unitary, the record could only support a conclusion that the Commissioner’s finding of a unitary relationship was outside the constitutional boundaries of the unitary business principle.

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