functional test (Arizona) · Go Syfert
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functional test in Arizona

7 Arizona opinions name it 2 courts 1976–2015 0 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Jim Beam Brands Co. v. Franchise Tax Boardgreen
calctapp · 2005 · cited in 2 Arizona opinions naming this issue, 2013–2013
2 sentences

2013As the California Court of Appeal explained in Jim Beam, a liquidation exception cannot be reconciled with the functional test. 133 Cal.App.4th 514 , 34 Cal.Rptr.3d at 883 .

2013As the California Court of Appeal explained in Jim Beam, a liquidation exception cannot be reconciled with the functional test. 133 Cal.App.4th 514 , 34 Cal.Rptr.3d at 883 .

22
Texaco-Cities Service Pipeline Co. v. McGawgreen
ill · 1998 · cited in 2 Arizona opinions naming this issue, 2013–2013
2 sentences

2013See Texaco-Cities, 230 Ill.Dec. 991 , 695 N.E.2d at 486 (“The adoption of the functional test also comports with the legislative history and purpose behind the Act.”).

2013See Texaco-Cities, 230 Ill.Dec. 991 , 695 N.E.2d at 486 (“The adoption of the functional test also comports with the legislative history and purpose behind the Act.”).

12
Challenge, Inc. v. State Ex Rel. Corbingreen
arizctapp · 1983 · cited in 1 Arizona opinions naming this issue, 2015–2015
2 sentences

2015Corbin, 138 Ariz. 200, 204 , 673 P.2d 944, 948 (App. 1983) (alteration in 9 Appellants also argue that as it relates to their estoppel by inducement and equitable estoppel arguments, the superior court erred in denying their motion under Arizona Rule of Civil Procedure 56(f), seeking more time to conduct discovery about the Defendants’ motivation which would enable them to show the Defendants acted maliciously.

2015Corbin, 138 Ariz. 200, 204 , 673 P.2d 944, 948 (App. 1983) (alteration in 9 Appellants also argue that as it relates to their estoppel by inducement and equitable estoppel arguments, the superior court erred in denying their motion under Arizona Rule of Civil Procedure 56(f), seeking more time to conduct discovery about the Defendants’ motivation which would enable them to show the Defendants acted maliciously.

11
Harris Corp. v. Arizona Department of Revenuegreen
arizctapp · 2013 · cited in 1 Arizona opinions naming this issue, 2013–2013
2 sentences

2013Harris, 233 Ariz. at 384, ¶ 26 , 312 P.3d 1143 .

2013Harris, 233 Ariz. at 384, ¶ 26 , 312 P.3d 1143 .

11
Davis v. Arizona Department of Revenuegreen
arizctapp · 2000 · cited in 1 Arizona opinions naming this issue, 2013–2013
2 sentences

2013See Davis v. Ariz. Dep’t of Revenue, 197 Ariz. 527, 530, ¶ 15 , 4 P.3d 1070, 1073 (App.2000) (noting the legislature had several years to respond to a Department regulation if it disagreed). ¶ 22 Moreover, this interpretation also better reflects the realities of taxing a property asset over time.

2013See Davis v. Ariz. Dep’t of Revenue, 197 Ariz. 527, 530, ¶ 15 , 4 P.3d 1070, 1073 (App.2000) (noting the legislature had several years to respond to a Department regulation if it disagreed). ¶ 22 Moreover, this interpretation also better reflects the realities of taxing a property asset over time.

11
Lenox, Inc. v. Tolsongreen
nc · 2001 · cited in 1 Arizona opinions naming this issue, 2013–2013
2 sentences

2013“The key inquiry under the functional test should be the relationship of the assets acquired, managed, or disposed of to the taxpayer’s existing business at the time the income was realized, not to some future business operations that may be funded by the proceeds from the property.” Hellerstein ¶ 9.05[2][b], at S9-30 (emphasis in original) (criticizing Lenox, Inc. v. Tolson, 353 N.C. 659 , 548 S.E.2d 513 (2001)). ¶ 29 Finally, Taxpayer’s interpretation would result in a lack of symmetry.

2013“The key inquiry under the functional test should be the relationship of the assets acquired, managed, or disposed of to the taxpayer’s existing business at the time the income was realized, not to some future business operations that may be funded by the proceeds from the property.” Hellerstein ¶ 9.05[2][b], at S9-30 (emphasis in original) (criticizing Lenox, Inc. v. Tolson, 353 N.C. 659 , 548 S.E.2d 513 (2001)). ¶ 29 Finally, Taxpayer’s interpretation would result in a lack of symmetry.

11
Kalina v. Fletchergreen
scotus · 1997 · cited in 1 Arizona opinions naming this issue, 2004–2004
2 sentences

2004Forrester, 484 U.S. at 224, 108 S.Ct. 538 ; accord Kalina v. Fletcher, 522 U.S. 118, 126-28 , 118 S.Ct. 502 , 139 L.Ed.2d 471 (1997) (applying functional test). ¶ 16 Applying the functional test, we hold that a probation officer’s duty to prepare and file the necessary papers with the court to revoke probation entitles him to absolute immunity for that specific conduct.

2004Forrester, 484 U.S. at 224, 108 S.Ct. 538 ; accord Kalina v. Fletcher, 522 U.S. 118, 126-28 , 118 S.Ct. 502 , 139 L.Ed.2d 471 (1997) (applying functional test). ¶ 16 Applying the functional test, we hold that a probation officer’s duty to prepare and file the necessary papers with the court to revoke probation entitles him to absolute immunity for that specific conduct.

11
Ohio v. Robertsred
scotus · 1980 · cited in 1 Arizona opinions naming this issue, 1990–1990
2 sentences

1990See generally Ohio v. Roberts, 448 U.S. at 66 , 100 S.Ct. at 2539 , 65 L.Ed.2d at 608 ; Robinson, 153 Ariz. at 204 , 735 P.2d at 814 .

1990See generally Ohio v. Roberts, 448 U.S. at 66 , 100 S.Ct. at 2539 , 65 L.Ed.2d at 608 ; Robinson, 153 Ariz. at 204 , 735 P.2d at 814 .

11
Iseley v. Bucks Countygreen
paed · 1982 · cited in 1 Arizona opinions naming this issue, 1983–1983
1 sentence

1983“In determining whether a prosecutor enjoys absolute immunity from civil liability ... courts must apply a functional analysis to determine whether the prosecutor’s acts fall within the bounds of ‘judicial’ as opposed to ‘investigative or administrative duties.’ ” Iseley v. Bucks County, 549 F.Supp. 160, 166 (E.D.Pa.1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
District of Columbia v. Pierce Associates, Inc. green
dc · 1983
1 sentence

2013“If the property had an integral function ... its income properly can be apportioned and taxed as business income, even though the transaction itself does not reflect the taxpayer’s normal trade or business.” Pierce Assocs., 462 A.2d at 1131 .

12013–2013
PPG Industries, Inc. v. Department of Revenue green
illappct · 2002
2 sentences

2013PPG Industries, Inc. v. Dep’t of Revenue illustrates the point. 328 Ill.App.3d 16 , 262 Ill.Dec. 208 , 765 N.E.2d 34 (2002).

2013PPG Industries, Inc. v. Dep’t of Revenue illustrates the point. 328 Ill.App.3d 16 , 262 Ill.Dec. 208 , 765 N.E.2d 34 (2002).

12013–2013
Forrester v. White green
scotus · 1988
1 sentence

2004Forrester, 484 U.S. at 224, 108 S.Ct. 538 ; accord Kalina v. Fletcher, 522 U.S. 118, 126-28 , 118 S.Ct. 502 , 139 L.Ed.2d 471 (1997) (applying functional test). ¶ 16 Applying the functional test, we hold that a probation officer’s duty to prepare and file the necessary papers with the court to revoke probation entitles him to absolute immunity for that specific conduct.

12004–2004
State v. Robinson green
ariz · 1987
2 sentences

1990See generally Ohio v. Roberts, 448 U.S. at 66 , 100 S.Ct. at 2539 , 65 L.Ed.2d at 608 ; Robinson, 153 Ariz. at 204 , 735 P.2d at 814 .

1990See generally Ohio v. Roberts, 448 U.S. at 66 , 100 S.Ct. at 2539 , 65 L.Ed.2d at 608 ; Robinson, 153 Ariz. at 204 , 735 P.2d at 814 .

11990–1990
Barker v. Wingo green
scotus · 1972
2 sentences

1976The court stated that “any inquiry into a speedy trial claim necessitates a functional analysis of the right in the particular context of the case; * 407 U.S. at 522 , 92 S.Ct. at 2188, 33 L.Ed.2d at 112 .

1976The court stated that “any inquiry into a speedy trial claim necessitates a functional analysis of the right in the particular context of the case; * 407 U.S. at 522 , 92 S.Ct. at 2188, 33 L.Ed.2d at 112 .

11976–1976

Where else courts name it

IL 42 (1980–2025) NM 34 (1986–2024) CA 28 (1979–2025) FL 24 (1979–2022) PA 22 (1975–2021) OH 21 (1983–2024) WA 20 (1976–2024) ME 19 (1978–2013) CT 18 (1992–2016) OR 17 (1966–2022) TX 16 (1997–2023) NJ 15 (1971–2021) MA 13 (1979–2025) LA 12 (1983–2011) CO 11 (1996–2026) ID 11 (1985–2020) WI 11 (1974–2025) AL 10 (1980–2010) MS 10 (1988–2015) NV 10 (1989–2017) IA 10 (1979–2019) NC 10 (1998–2026) NY 10 (1963–2019) TN 9 (1986–2020) MD 8 (1994–2025) DC 8 (1976–2024) KY 8 (1987–2022) AZ 7 (1976–2015) MO 7 (1993–2021) WV 6 (1978–2021) MN 6 (1981–2012) WY 6 (1982–2000) MT 6 (1987–2009) KS 6 (1972–2025) OK 5 (1975–1994) AK 5 (1976–2024) ND 4 (2001–2025) IN 4 (2001–2017) GA 3 (1989–2022) AR 3 (1994–2026) MI 3 (2002–2022) VT 3 (2009–2023) SD 3 (1997–2014) VA 3 (1987–2015) UT 3 (1991–1995) NH 2 (1984–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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