Michael B. Gonen of Duane Morris. Courtesy photo Delaware Supreme Court Upholds Challenge to State Income Tax Policy
Because the state Legislature has acted in the intervening time, the decision calls into doubt the validity of certain provisions of Delaware's corporate tax laws.
January 12, 2022 at 09:00 AM
5 minute read
On Nov. 29, 2021, the Delaware Supreme Court unanimously upheld a judgment from the Superior Court sustaining a corporation's tax protest, but on statutory grounds rather than the state constitutional ones decided below in Director of Revenue v. Verisign, No. 18, 2021, — A.3d —-, 2021 WL 5563437 (Del. Nov. 29, 2021), affirming in part and reversing in part No. N19C-08-093-JRJ, 2020 WL 7640107 (Del. Super. Dec. 17, 2020). Because the state Legislature has acted in the intervening time, the decision calls into doubt the validity of certain provisions of Delaware's corporate tax laws.
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