Pacific Broadcasting Corporation v. Robert A. Riddell, Commissioner of Revenue and Taxation, Territory of Guam

HUFSTEDLER, Circuit Judge:

Appellant operates a radio station on the Island of Guam. It seeks a refund of taxes paid to Guam pursuant to a privilege tax upon service businesses within the territory, measured by a fixed percentage (2 percent) of gross receipts. (Gov’t Code of Guam §§ 19540,19541.03.) Because some of its receipts are earned in interstate commerce, appellant argues that the Commerce Clause of the Federal Constitution exempts it from the Guam tax. The district court granted summary judgment to appellee; we affirm.

Some of appellant’s broadcasts reach islands outside the Guam…