Summary
In Wisconsin v. Minnesota Min. Mfg. Co., 311 U.S. 452, 85 L.Ed. 274, the majority opinion said: "The Commerce Clause is invoked.
Summary of this case from Transportation Co. v. Currie, Comr. of RevenueOpinion
No. 48.
Argued November 20, 1940. Decided December 16, 1940.
1. Decided, in part, upon the authority of Wisconsin et al. v. J.C. Penney Co., ante, p. 435. P. 453. 2. A state tax on earnings of a foreign corporation attributable to activities in the taxing State, held, consistent with the commerce clause, although the liability to pay it was made contingent upon happenings outside of the State. P. 453. 233 Wis. 306; 289 N.W. 686, reversed.
Messrs. Harold H. Persons, Assistant Attorney General of Wisconsin, and James Ward Rector, Deputy Attorney General, with whom Mr. John E. Martin, Attorney General, was on the brief, for petitioners.
Mr. John L. Connolly, with whom Messrs. Frederick J. Miller and G. Burgess Ela were on the brief, for respondent.
This case, involving another application of the Wisconsin Privilege Dividend Tax considered in Wisconsin v. J.C. Penney Co., ante, p. 435, is governed by that decision except for a contention made by this respondent but not pressed here in Penney's case.
The Commerce Clause is invoked. But it is too late in the day to find offense to that Clause because a state tax is imposed on corporate net income of an interstate enterprise which is attributable to earnings within the taxing state, Matson Navigation Co. v. State Board, 297 U.S. 441. That liability for such a tax is made contingent upon later happenings, as in the circumstances of the present case, makes no difference.
Reversed.
The CHIEF JUSTICE, MR. JUSTICE McREYNOLDS, MR. JUSTICE ROBERTS, and MR. JUSTICE REED dissent for the reasons stated in the dissenting opinion in Wisconsin v. J.C. Penney Co., ante, p. 446.