COMPTROLLER OF TREASURY, IT DIV. v. Armco, Inc.

POLLITT, Judge.

Constitutional questions concerning the State’s power to tax have long occupied this country’s courts. Chief Justice John Marshall declared almost 200 years ago that “The power to tax involves the power to destroy,” in finding unconstitutional the efforts of the State of Maryland to tax a national bank. 1 In this appeal, we find the State’s efforts to apply a tax exclusion to corporate subsidiaries engaged in the export of domestic goods must meet a similar fate, because the exclusion discriminates against corporations doing the majority of their business in other states, and…