By Hanish Patel and Open Weaver Banks

The Magistrate Division of the Oregon Tax Court held that an insurance company’s gain from the sale of a subsidiary and income from a holding company both constituted nonbusiness income. The court found that the acquisition and sale of a 40% owned subsidiary that operated as a third-party administrator of workers’ compensation claims was not “inextricably mixed” with the company’s title insurance business conducted in Oregon, as required under the state’s transactional test for business income. Similarly, the court also held that income arising from the company’s interest in a holding company that owned restaurants and food manufacturers also constituted nonbusiness income because such interest was not integrated with the company’s insurance business. Fid. Nat’l Fin. v Dep’t of Revenue, No. TC-MD 140440D, 2016 WL 198149 (Or. Tax Ct. Jan 15, 2016).