Texaco-Cities Service Pipeline Co. v. McGaw

In Texaco-Cities Service Pipeline Co. v. McGaw, 182 Ill. 2d 262, 695 N.E.2d 481, 230 Ill. Dec. 991 (Ill. 1998) a company partially liquidated its assets, selling off a non-operational pipeline and the associated real estate. McGaw, 695 N.E.2d at 483. The Illinois Supreme Court ultimately held the sale generated business income. McGaw, 695 N.E.2d at 487. However, in applying the functional test, the court did not concentrate exclusively on how the property had been used; it relied on the totality of the circumstances. Specifically, it noted that the sale did not mark the cessation of the company's activity in that line of business. McGaw, 695 N.E.2d at 486-87. The court also pointed out that the sale proceeds were reinvested in the company, as opposed to being distributed to its shareholders. McGaw, 695 N.E.2d at 487.