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Locomobile Co. Of America v. Commonwealth of Massachusetts

Locomobile Company of America v. Commonwealth of Massachusetts

Locomobile Co. Of Am. v. Massachusetts, 246 U.S. 146 (1918)
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Court
Supreme Court of the United States
Decided
October 19, 1918
Docket
No. 734
Judges
Van Devanter
Citations
246 U.S. 14638 S. Ct. 29862 L. Ed. 6311918 U.S. LEXIS 1529
Syllabus
An excise tax of a designated per cent, of entire authorized capital, imposed on a foreign corporation for the privilege of doing local business in Massachusetts, held, void, upon the authority of International Paper Co. v. Massachusetts, ante, 135, and cases there cited..
Summary
ERROR TO THE SUPREME JUDICIAL COURT OP THE STATE OP MASSACHUSETTS. The case is stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Van Devanter

Mr. Justice Van Devanter delivered the opinion of the court.

An excise tax of $1,300 imposed on a West Virginia corporation for doing a local business in Massachusetts during the year 1915 is here in question. The state court sustained it. 228 Massachusetts, 117. The corporation is engaged in manufacturing in Connecticut and sells its manufactured articles extensively in interstate commerce. It does both an interstate and a local business in Massachusetts. Each is of considerable volume, but the inter *147 state is much the larger, although this is not material. The tax is of a designated per cent, of the entire authorized capital, and was imposed after the maximum limit named in St. 1909, c. 490, Part III, § 56, was removed by St. 1914, c. 724, § 1. As thus changed the statute is in its essence and practical operation indistinguishable from those adjudged invalid in Western Union Telegraph Co.

v. Kansas, 216 U. S. 1 ;

Pullman Company v. Kansas, 216 U. S. 56 ;

Ludwig v. Western Union Telegraph Co., 216 U. S. 146 , and Looney v. Crane Company, 245 U. S. 178 . This we have just decided in International Paper Co.

v. Massachusetts, arde, 135.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 15 cases

View all citing references →
1919: 31921: 21922: 21927: 11928: 31931: 11937: 21942: 119192026peak 1919 · 3

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Western Union Tel. Co. v. Kan. ex rel. Coleman, 216 U.S. 1 (1910) 262
Looney, Attorney Gen. of Tex. v. Crane Co, 245 U.S. 178 (1916) 99
Pullman Co. v. Kan. ex rel. Coleman, 216 U.S. 56 (1910) 83
Ludwig v. Western Union Tel. Co., 216 U.S. 146 (1910) 72

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