Richard Pomp on Smithfield Tax Case

Professor Richard Pomp has been extensivelly involved and quoted in several articles involving Smithfield Foods Inc. v. California Franchise Tax Board, a California tax case. The case deals with apportionment of out-of-state operations and income for a California business. Pomp argued that there must be a rational relationship between the income being taxed and the values created within the taxing state and that the Franchise Tax Board was overreaching by trying to tax income that was economically discrete from Smithfield’s California activities. The Court appears to have now sided with this analysis. The articles can be found in Law360 and Tax Notes (1)(2).