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COMERICA, INC. v. DEPT. OF TREASURY

Docket No. 161661 Calendar No. 1.

984 N.W.2d 1 (2022)

509 Mich. 204

COMERICA, INC., Plaintiff-Appellee, v. DEPARTMENT OF TREASURY, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 7, 2022.

Attorney(s) appearing for the Case

Schenk & Bruetsch PLC (by Thomas P. Bruetsch) for Comerica, Inc.

Dana Nessel, Attorney General, Fadwa A. Hammoud, Solicitor General, and Scott L. Damich and David W. Thompson, Assistant Attorneys General, for the Department of Treasury.

Novara Tesija Catenacci McDonald & Bass, PLLC (by Jackie J. Cook and Kimberly A. Cloud) for the State Bar of Michigan Taxation Section, amicus curiae.

Warner Norcross & Judd LLP, Grand Rapids (by Gaëtan Gerville-Réache) for the Michigan Bankers Association, amicus curiae.

BEFORE THE ENTIRE BENCH

OPINION

In this taxpayer protest, Comerica seeks to redeem certain tax credits over the Department of Treasury's objection. The credits were earned under the Single Business Tax Act by a Comerica affiliate. That subsidiary assigned the credits to another subsidiary, a Michigan bank. Later, Comerica created a third subsidiary...

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