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Indiana Supreme Court: Wagering Taxes Remain Deducted for Penn Entertainment

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Summary

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  • The Indiana Supreme Court unanimously ruled that Penn Entertainment is not required to add back wagering taxes paid to other states when calculating its Indiana taxable income.
  • This decision stems from the case Penn Entertainment v. Indiana Department of Revenue, focusing on apportionment and tax policy implications.
  • The court provided a detailed framework for determining whether another state's tax is “based on” or “measured by” income, using a pie-chart analogy.
  • This ruling could influence taxpayers in other states with similar add-back provisions, potentially reshaping state tax policies.

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