Elan Pharmaceuticals — Guidance on Throwout and P.L. 86-272



Alysse McLoughlin wrote this bylined article on a recent New Jersey Tax Court ruling that applied the state’s throwout rule to apportionment and taxation of income. “This is the only state case of which I am aware” to review “the application of throwout regarding a taxpayer that is protected from taxation in some states by P.L. 86-272,” Ms. McLoughlin wrote, but she concluded that the court “missed an opportunity” to clarify use of throwouts for “properly attributing income to the states where the income is generated.”