Legal Opinion
Emerson Electric Co. v. Tracy
Ohio Supreme Court
Decided October 4, 2000No. 99-1879PublishedCited by 10 opinions
1Opinion of the Court
Francis E. Sweeney, Sr., J.
The issue in this case is whether R.C. 5733.04(I)(2)(c) violates the Foreign Commerce Clause. We answer this question in the affirmative, finding that R.C. 5733.04(I)(2)(c), which treats dividends from foreign subsidiaries less favorably than those from domestic subsidiaries, uncon*159stitutionally discriminates against foreign commerce. Accordingly, we reverse the decision of the BTA.
Ohio levies corporate franchise taxes on a net income basis. R.C. 5733.051. “Net income” is defined as “the taxpayer’s taxable income before operating loss deduction and special…
2Cases cited12 opinions
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- Wardair Canada Inc. v. Florida Department of RevenueSupreme Court of the United States · 1986
- Japan Line, Ltd. v. County of Los AngelesSupreme Court of the United States · 1979
- Fulton Corp. v. FaulknerSupreme Court of the United States · 1996
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McKinley v. Ohio Bureau of Workers' CompensationOhio Court of Appeals · 2006
- Holeton v. Crouse Cartage Co.Ohio Supreme Court · 2001
- Fujitsu IT Holdings, Inc. v. Franchise Tax BoardCalifornia Court of Appeal · 2004
- General Electric Co. v. Commissioner, New Hampshire Department of Revenue AdministrationSupreme Court of New Hampshire · 2006
- State v. Western Union Financial Services, Inc.Court of Appeals of Arizona · 2008
5 more not listed; retrieve them via the Exa API.