The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
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The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
The precise standing of this doctrine is, nevertheless, seriously
clouded by certain more recent holdings. In Sprout _v._ South Bend,[644]
decided in 1928, the doctrine was still applied, to disallow a license
tax on concerns operating a bus interstate. Pointing to the fact that
the ordinance made no distinction between busses engaged exclusively
interstate and those engaged intrastate or both interstate and
intrastate, the Court said: "In order that the fee or tax shall be
valid, it must appear that it is imposed solely on account of the
intrastate business; that the amount exacted is not increased because of
the interstate business done; that one engaged exclusively in interstate
commerce would not be subject to the imposition; and that the person
taxed could discontinue the intrastate business without withdrawing also
from the interstate business."[645] Likewise, in Cooney _v._ Mountain
States Telephone and Telegraph Co., the Court asserted that to sustain a
State occupation tax on one whose business is both interstate and
intrastate, "it must appear * * *, and that the one [who is] taxed could
discontinue the intrastate business without [also] withdrawing from the
interstate business."[646] A year later, nevertheless, Justice Brandeis,
speaking for the Court in Pacific Telephone and Telegraph Co. _v._ Tax
Commission,[647] asserted flatly: "No decision of this Court lends
support to the proposition that an occupation tax upon local business,
otherwise valid, must be held void merely because the local and
interstate branches are for some reason inseparable."[648] An occupation
tax, like other taxes and expenses, lessens the benefit derived by
interstate commerce from the joint operation with it of the intrastate
business of the carrier; but it is not an undue burden on interstate
commerce where, as in this case, the advantage to the carrier, and to
the interstate commerce, of continuing the intrastate business is
greatly in excess of the tax. And subsequent holdings in cases involving
foreign corporations doing a mixed business, comprising both interstate
and intrastate elements, have tended on the whole to restore the rule
stated in Paul _v._ Virginia[649] shortly after the Civil War, that the
Constitution does not confer upon a foreign corporation the right to
engage in local business in a State without its assent, which it may
give on such terms as it chooses.[650]
State Taxation of Property Engaged in, and of the Proceeds From,
Interstate Commerce
GENERAL ISSUE
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