Supreme Court of Colorado
Department of Revenue of the State of Colorado and Michael Hartman
May 28, 2019441 P.3d 1021
Summary
The court held that the Department could not require Oracle to include its holding-company subsidiary, OJH, in Oracle's Colorado combined income tax return because OJH was not an includable C corporation under the applicable statutory provisions. The court also held that the Department could not alternatively allocate OJH's capital gain to Oracle to avoid abuse or clearly reflect income, because the statutory mechanism for combined reporting had superseded that alternative and the undisputed facts showed no abuse requiring allocation. The court therefore affirmed summary judgment for Oracle.