Georgia Supreme Court
This case concerns the tax treatment of federal S-corporations, which are not recognized as S-corporations for state purposes. The Georgia Court of Appeals only allowed the taxpayer to subtract a small percentage of the total pass-through income from his adjusted gross income on his state tax return. This created a double standard for these S-corporations and exposed their shareholders to a risk of duplicative taxation. NFIB submitted a brief to the state Supreme Court requesting that the court review and overturn the court of appeals decision.
Status: DECIDED. NFIB amicus brief filed in support of petition for review on 05/08/09. Review was denied 09/28/09.