F.W. Woolworth Company v. Commissioner

The Vermont tax department under 32 V.S.A. 5833 assessed additional corporate income taxes against the appellant, F.W. Woolworth Company, totaling $12,735.85 for the years 1966, 1967, 1968 and 1969. Excepting for minor adjustments these assessments resulted from the disallowance of an exclusion form the companys income of the "foreign tax credit dividend gross-up" which the appellant had reported as income on its federal income tax return. Upon appeal to and hearing by the Commissioner of Taxes under 32 V.S.A. 5883, the assessments were upheld by the commissioners determination. Appeal form the decision of the commissioner to the Washington County Court followed. The lower court found by its Finding No. 12 "That Appellants taxable income in Vermont is measured by the taxable income as shown on the federal tax return even though it includes the deemed paid gross-up of foreign dividends" and by its order dismissed the appeal. The case is here on appeal form this order of the court.