HARRIS CORP. v. ARIZONA DEPT. OF REVENUE

No. 1 CA-TX 11-0006.

312 P.3d 1143 (2013)

HARRIS CORPORATION and Consolidated Subsidiaries, Plaintiffs/Appellants, v. ARIZONA DEPARTMENT OF REVENUE, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

November 26, 2013.


Attorney(s) appearing for the Case

Steptoe & Johnson, LLP, Phoenix By Pat Derdenger , Bennett Evan Cooper , for Plaintiffs/Appellants.

Arizona Attorney General's Office, Phoenix By Kimberly Cygan , for Defendant/Appellee.

Bade Baskin Richards, PLC, Tempe, By William A. Richards and Multistate Tax Commission, Washington, D.C. By Shirley Sicilian and Bruce J. Fort for Amicus Curiae Multistate Tax Commission.


OPINION

GEMMILL, Judge.

¶ 1 The issue in this corporate taxation case is whether certain income constitutes "business income" or "nonbusiness income" under Arizona Revised Statutes ("A.R.S.") section 43-1131. The definition of "business income" in A.R.S. § 43-1131(1) is set forth in two clauses. We hold that Arizona may tax corporate income as "business income" if the income satisfies either definitional clause. Because the tax court correctly...

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