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VECTREN INFRA. SVCS. v. DEPT. OF TREASURY

No. 345462.

953 N.W.2d 213 (2020)

331 Mich. App. 568

VECTREN INFRASTRUCTURE SERVICES CORP., successor-in-interest to Minnesota Limited, Inc., Plaintiff-Appellant, v. DEPARTMENT OF TREASURY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided March 12, 2020, 9:05 a.m.

Attorney(s) appearing for the Case

Dana Nessel, Attorney General, Fadwa A. Hammond, Solicitor General, and David W. Thompson and Justin R. Call, Assistant Attorneys General, for the Michigan Department of Treasury.

Honigman Miller Schwartz and Cohn LLP (by Lynn A. Gandhi, Detroit, and June Summers Haas) for Vectren Infrastructure Services Corporation.

Before: Tukel, P.J., and Sawyer and Riordan, JJ.

This case presents the complex question of how the gain on the sale of an out-of-state business, which conducts some of its business activities in Michigan, should be taxed under the Michigan Business Tax (MBT). Defendant, the Department of Treasury (the Department), applied the statutory formula and declined to allow calculation under an alternate...

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