Title 48, Chapter 7, Section 35
( 48-7-35)
If any corporation or nonresident shows by any method of allocation
other than the processes or formulas prescribed by this chapter that
another method reflects more clearly the income attributable to the
trade or business within this state, application for permission to
base its return upon the other method shall be considered by the
commissioner. The application shall be accompanied by a statement
setting forth in detail with full explanations the method the
taxpayer believes will more clearly reflect its income from business
within the state. If the commissioner concludes that the method of
allocation and apportionment submitted by the taxpayer is in fact
inapplicable and inequitable, he shall reject the application and
shall so notify the taxpayer. Failure to receive the commissioner's
notice shall not operate to relieve the taxpayer from liability for
not filing the return on its due date utilizing the allocation and
apportionment method prescribed by this chapter. |