In re Morton Thiokol, Inc

In In re Morton Thiokol, Inc. (1993) 254 Kan. 23 864 P.2d 1175, the court limited the holding in Kraft Gen. Foods, Inc. v. Iowa Dept. of Revenue and Finance (1992) 505 U.S. 71 to states that do not use a combined water's-edge or domestic combination reporting method. The Thiokol court reasoned that a combined reporting state (i.e., water's-edge) does not discriminate against foreign subsidiaries. While the foreign subsidiary's dividend payments to the unitary business are taxed, its total income is not included in the unitary business overall income. Conversely, while a domestic subsidiary's dividend payments to the unitary business is not taxed, its total income is included in the unitary business overall income. Thus, no discrimination against foreign commerce occurs.