<p>Oklahoma Supreme Court: Headquarters Requirement for Capital Gains Deduction Constitutional</p>

Oklahoma Supreme Court: Headquarters Requirement for Capital Gains Deduction Constitutional

The Oklahoma Supreme Court held that requiring a company to be headquartered in Oklahoma for three years to receive a capital gains deduction does not violate the dormant commerce clause or discriminate against interstate commerce because it does not penalize a company for out-of-state activities but merely encourages investment in Oklahoma.

Court of Civil Appeals decision <a href="/lr/resolve//1gqr"> <img src="//s3.amazonaws.com/binary.taxnotes.com/image/etl/doclink.gif" border="0" alt="2013 STT 115-20: State Court Opinions"/></a>

The Oklahoma Supreme Court held that requiring a company to be headquartered in Oklahoma for three years to receive a capital gains deduction does not violate the dormant commerce clause or discriminate against interstate commerce because it does not penalize a company for out-of-state activities but merely encourages investment in Oklahoma. <p>The opinion of the Court of Civil Appeals was vacated and the Oklahoma Tax Commission order was affirmed.</p> 

The Oklahoma Supreme Court held that requiring a company to be headquartered in Oklahoma for three years to receive a capital gains deduction does not violate the dormant commerce clause or discriminate against interstate commerce because it does not penalize a company for out-of-state activities but merely encourages investment in Oklahoma. The opinion of the Court of Civil Appeals was vacated and the Oklahoma Tax Commission order was affirmed.