Sectors
Foley & Lardner LLP partner Lynn Gandhi is featured in Tax Notes article, “Alternative Apportionment: 2026 Flashpoints,” discussing state tax developments and the debate surrounding single-sales-factor formulas.
Speaking at the Multistate Tax Commission’s annual conference, Gandhi discussed renewed taxpayer interest in alternative apportionment and noted that the widespread adoption of the single sales factor “had its origins in tax avoidance and tax minimization” rather than a singular theory of fair apportionment.
She said that whether the single-sales-factor methodology fairly reflects business activity depends on the type of income at issue, noting that courts have addressed its application to operating income but not capital gains.
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