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Oscar Corporation generated $1 million of taxable income. Oscars activities and sales are restricted to State P, which imposes a 10% income tax. 100% of

Oscar Corporation generated $1 million of taxable income. Oscars activities and sales are restricted to State P, which imposes a 10% income tax. 100% of the stock of Oscar is owned by Felix Corporation. Felixs income for the taxable period is $1.5 million. Felixs activities and sales are restricted to State Q, which imposes a 5% income tax. Both states use a three-factor apportionment formula that equally weights sales, payroll, and property. The apportionment information for both companies is as follows:

Oscar (all State P)

Felix (all State Q)

Sales

$3,000,000

$7,000,000

Property

$2,000,000

3,500,000

Payroll

2,500,000

4,500,000

Assume States P & Q both require that unitary groups file combined reports. Based on their relationship, Oscar and Felix could argue they are unitary or they could argue they are not unitary. (Either argument has merit.) Assume that both states define unitary the same waysuch that if Oscar and Felix are unitary, they must file combined returns in both states. [That is, they cant file combined in P and separate in Q or vice versa; they must file separate in both states or combined in both states.]

True or False: Under the U.S. Constitution, there need not be a flow of goods between Oscar and Felix in order for P to consider the two companies engaged in the same unitary business.

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