Legal Opinion
Mississippi State Tax Commission v. Tennessee Gas Transmission Co.
Mississippi Supreme Court
Decided December 14, 1959No. 41264PublishedCited by 5 opinions
1Opinion of the CourtEthridge, J.
The case involves the validity of an apportionment formula of a state franchise tax upon a multistate corporation, measured by an allocation' to Mississippi of capital used, invested or employed within the state. The chancery court held the statutory formula was void because in violation of the interstate commerce and due process clauses of the United States Constitution. However, we conclude that the statute is a valid exercise of the. State’s taxing power.
*197I.
The corporate franchise tax was originally enacted in 1934. Miss. Laws 1934, Chapter 121; Miss. Laws 1940, Chapter 115. Its amount was…
2Cases cited16 opinions
- Northwestern States Portland Cement Co. v. MinnesotaSupreme Court of the United States · 1959
- Butler Bros. v. McColgan, Franchise Tax CommissionerSupreme Court of the United States · 1942
- International Harvester Co. v. EvattSupreme Court of the United States · 1947
- Ford Motor Co. v. BeauchampSupreme Court of the United States · 1940
- Memphis Natural Gas Co. v. StoneSupreme Court of the United States · 1948
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3Cited by5 opinions
- Anderson v. FRED WAGNER, ETC.Mississippi Supreme Court · 1981
- Reliance Mfg. Co. v. BARR, STATE TAX COMM.Mississippi Supreme Court · 1962
- Phipps v. Irby Const. Co.Mississippi Supreme Court · 1993
- STATE TAX COM'N v. Chevron USA, Inc.Mississippi Supreme Court · 1995
- In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Thomas Floyd, Ray Floyd, Lee McCoy, and Jason McCoy v. Simpson County School BoardMississippi Supreme Court · 2024