DOCSLIB.ORG

BARCLAYS BANK PLC V. FRANCHISE TAX BOARD of CALIFORNIA Certiorari to the Court of Appeal of California, Third Appellate District

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
BARCLAYS BANK PLC V. FRANCHISE TAX BOARD of CALIFORNIA Certiorari to the Court of Appeal of California, Third Appellate District 512us2$79Z 01-08-98 12:24:49 PAGES OPINPGT 298 OCTOBER TERM, 1993 Syllabus BARCLAYS BANK PLC v. FRANCHISE TAX BOARD OF CALIFORNIA certiorari to the court of appeal of california, third appellate district No. 92±1384. Argued March 28, 1994ÐDecided June 20, 1994* During the years at issue in these consolidated cases, California used a ªworldwide combined reportingº method to determine the corporate franchise tax owed by unitary multinational corporate group members doing business in California. California's method ®rst looked to the worldwide income of the unitary business, and then taxed a percentage of that income equal to the average of the proportions of worldwide payroll, property, and sales located within California. In contrast, the Federal Government employs a ªseparate accountingº method, which treats each corporate entity discretely for the purpose of determining income tax liability. In Container Corp. of America v. Franchise Tax Bd., 463 U. S. 159, this Court upheld the California scheme as applied to domestic-based multinationals, but did not address the constitutionality of the scheme as applied to domestic corporations with foreign parents or to foreign corporations with foreign parents or foreign subsidiaries. Both petitioner Barclays Bank PLC (Barclays)Ða foreign multina- tionalÐand petitioner Colgate-Palmolive Co. (Colgate)Ða domestic mul- tinationalÐhave operations in California. In separate cases, two mem- bers of the Barclays group and Colgate were denied refunds by the California authorities. Held: The Constitution does not impede application of California's tax to Barclays and Colgate. Pp. 310±331. (a) Absent congressional approval, a state tax on interstate or foreign commerce will not survive Commerce Clause scrutiny if the taxpayer demonstrates that the tax (1) applies to an activity lacking a substantial nexus to the taxing State; (2) is not fairly apportioned; (3) discriminates against interstate commerce; or (4) is not fairly related to the services the State provides. Complete Auto Transit, Inc. v. Brady, 430 U. S. 274, 279. A tax affecting foreign commerce raises two additional con- cerns: one prompted by the ªenhanced risk of multiple taxation,º Con- tainer Corp., 463 U. S., at 185, and the other related to the Fed- eral Government's capacity to ª `speak with one voice when regulating *Together with No. 92±1839, Colgate-Palmolive Co. v. Franchise Tax Board of California, also on certiorari to the same court. 512us2$79Z 01-08-98 12:24:49 PAGES OPINPGT Cite as: 512 U. S. 298 (1994) 299 Syllabus commercial relations with foreign governments,' º Japan Line, Ltd. v. County of Los Angeles, 441 U. S. 434, 449. California's tax easily meets all but the third of the Complete Auto criteria. As to the third, Barclays has not shown that the system in fact operates to impose inordinate compliance burdens on foreign enterprises, and its claim of unconstitutional discrimination against foreign commerce thus fails. Pp. 310±314. (b) Nor has Barclays shown that California's ªreasonable approxima- tionsº method of reducing the compliance burden is incompatible with due process. Barclays argues that California employs no standard to determine what approximations will be accepted, but Barclays has pre- sented no example of an approximation California rejected as unreason- able. Furthermore, the state judiciary has construed California law to curtail the discretion of state tax of®cials, and the State has afforded Barclays the opportunity to seek clari®cation of the meaning of the rele- vant regulations. Rules governing international multijurisdictional in- come allocation have an inescapable imprecision given the subject mat- ter's complexity, and rules against vagueness are not mechanically applied; rather, their application is tied to the nature of the enactment. Pp. 314±316. (c) California's system does not expose foreign multinationals, such as Barclays, to constitutionally intolerable multiple taxation. In the face of a similar challenge, Container Corp. approved this very tax when applied to a domestic-based multinational. The considerations that in- formed the Container Corp. decision are not dispositively diminished when the tax is applied to a foreign-based enterprise. Multiple taxa- tion is not the inevitable result of California's tax, and the alternative reasonably available to the StateÐseparate accountingÐcannot elimi- nate, and in some cases may even enhance, the risk of double taxation. Pp. 316±320. (d) California's scheme also does not prevent the Federal Government from speaking with ªone voiceº in international trade. Congress holds the control rein in this area. In the 11 years since Container Corp., Congress has not barred States from using the worldwide combined reporting method. In the past three decades, aware that foreign gov- ernments deplored use of the method, Congress nevertheless failed to enact any of numerous bills, or to ratify a treaty provision, that would have prohibited the practice. Executive Branch actions, statements, and amicus ®lings do not supply the requisite federal directive proscrib- ing States' use of worldwide combined reporting, for the regulatory au- thority is Congress' to wield. Executive Branch communications that express federal policy but lack the force of law cannot render unconstitu- 512us2$79Z 01-08-98 12:24:49 PAGES OPINPGT 300 BARCLAYS BANK PLC v. FRANCHISE TAX BD. OF CAL. Syllabus tional California's otherwise valid, congressionally condoned scheme. Pp. 320±331. No. 92±1384, 10 Cal. App. 4th 1742, 14 Cal. Rptr. 2d 537, and No. 92±1839, 10 Cal. App. 4th 1768, 13 Cal. Rptr. 2d 761, af®rmed. Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Stevens, Kennedy, and Souter, JJ., joined, and in all but Part IV±B of which Scalia, J., joined. Blackmun, J., ®led a concurring opinion, post, p. 331. Scalia, J., ®led an opinion concurring in part and concurring in the judgment, post, p. 331. O’Connor, J., ®led an opinion concurring in the judgment in part and dissenting in part, in which Thomas, J., joined, post, p. 332. Joanne M. Garvey argued the cause for petitioner in No. 92±1384. With her on the briefs were Joan K. Irion, Miles N. Ruthberg, and Teresa A. Maloney. James P. Kleier ar- gued the cause for petitioner in No. 92±1839. With him on the briefs were Walter Hellerstein, Prentiss Willson, Jr., Clare M. Rathbone, and Franklin C. Latcham. Timothy G. Laddish, Assistant Attorney General of Cali- fornia, argued the cause for respondent in both cases. With him on the brief for respondent in No. 92±1384 were Daniel E. Lungren, Attorney General of California, Robert D. Milam, Deputy Attorney General, and Benjamin F. Miller. Mr. Lungren, Lawrence K. Keethe, Supervising Deputy At- torney General of California, John D. Schell, Deputy Attor- ney General, and Claudia K. Land ®led a brief for respond- ent in No. 92±1839. Solicitor General Days argued the cause for the United States as amicus curiae urging af®rmance in both cases. With him on the brief were Assistant Attorney General Argrett and Deputy Solicitor General Wallace.² ²Kendall L. Houghton and William D. Peltz ®led a brief for the Com- mittee on State Taxation as amicus curiae urging reversal in both cases. Briefs of amici curiae urging reversal in No. 92±1384 were ®led for the Government of the United Kingdom by Jerome B. Libin and William H. Morris; for the Member States of the European Communities et al. by Messrs. Libin and Morris; for Banque Nationale de Paris by Roy E. Craw- ford and Russell D. Uzes; for the Confederation of British Industry by Lee H. Spence; for the Council of Netherlands Industrial Federations by 512us2$79P 01-08-98 12:24:49 PAGES OPINPGT Cite as: 512 U. S. 298 (1994) 301 Opinion of the Court Justice Ginsburg delivered the opinion of the Court. Eleven years ago, in Container Corp. of America v. Fran- chise Tax Bd., 463 U. S. 159 (1983), this Court upheld Califor- nia's income-based corporate franchise tax, as applied to a F. Eugene Wirwahn; for the Federation of German Industries et al. by Mr. Wirwahn; for Keidanren (Japan Federation of Economic Organizations) by C. David Swenson, Dennis I. Meyer, Leonard B. Terr, and Harry A. Franks, Jr.; for the Japan Tax Association by John A. Sturgeon; for the Or- ganization for International Investment Inc. et al. by James Merle Carter; for Reuters Ltd. by Steven Alan Reiss and Philip T. Kaplan; and for the Washington Legal Foundation by Daniel J. Popeo and Richard A. Samp. Briefs of amici curiae urging reversal in No. 92±1839 were ®led for the Chamber of Commerce of the United States by Timothy B. Dyk, Beth Heifetz, Robin S. Conrad, Mona C. Zeiberg, and Jan S. Amundson; and for the National Foreign Trade Council, Inc., et al. by Philip D. Morrison and Mary C. Bennett. Briefs of amici curiae urging af®rmance in both cases were ®led for the State of Alaska et al. by Bruce M. Botelho, Attorney General of Alaska, and Lauri J. Adams, Assistant Attorney General, and by the Attorneys General for their respective States as follows: Joseph P. Mazurek of Mon- tana, Jeffrey R. Howard of New Hampshire, and Theodore R. Kulongoski of Oregon; for the State of New Mexico et al. by Tom Udall, Attorney General of New Mexico, Daniel Yohalen, Assistant Attorney General, and Bruce J. Fort and Frank D. Katz, Special Assistant Attorneys General, and by the Attorneys General for their respective States as follows: Win- ston Bryant of Arkansas, Gale A. Norton of Colorado, Larry EchoHawk of Idaho, Michael E. Carpenter of Maine, and Jeffrey B. Pine of Rhode Island; for the State of North Dakota et al. by M. K. Heidi Heitkamp, Attorney General of North Dakota, and Donnita A.
Load more

Recommended publications
  • The Melancholy of Haruhi Suzumiya: Manga V
    THE MELANCHOLY OF HARUHI SUZUMIYA: MANGA V. 17 PDF, EPUB, EBOOK Nagaru Tanigawa,Gaku Tsugano,Noizi Ito | 176 pages | 17 Dec 2013 | Little, Brown & Company | 9780316322348 | English | New York, United States The Melancholy of Haruhi Suzumiya: Manga v. 17 PDF Book The two series were streamed in Japanese and with English subtitles on Kadokawa's YouTube channel between February 13 and May 15, Character Family see all. Chad rated it liked it Nov 10, Essential We use cookies to provide our services , for example, to keep track of items stored in your shopping basket, prevent fraudulent activity, improve the security of our services, keep track of your specific preferences e. While Haruhi is the central character to the plot, the story is told from the point of view of Kyon , one of Haruhi's classmates. Retrieved February 26, On April 17, Yen Press announced that they had acquired the license for the North American release of the first four volumes of the second manga series, promising the manga would not be censored. September 25, August 21, [10] [35]. No trivia or quizzes yet. The "next episode" previews feature two different episode numberings: one number from Haruhi, who numbers the episodes in chronological order, and one number from Kyon, who numbered them in broadcast order. Nagaru Tanigawa is a Japanese author best known for The Melancholy of Haruhi Suzumiya for which he won the grand prize at the eighth annual Sneaker Awards. November 21, [41]. Era see all. Nineteen Eighty-four by George Orwell Paperback, 4. Retrieved April 14, The series has been licensed by Bandai Entertainment and has been dubbed by Bang Zoom! An omnibus of three anthologies containing short stories from several different manga artists.
    [Show full text]
  • 08-1448 Brown V. Entertainment Merchants Assn. (06/27/2011)
    (Slip Opinion) OCTOBER TERM, 2010 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus BROWN, GOVERNOR OF CALIFORNIA, ET AL. v. ENTERTAINMENT MERCHANTS ASSOCIATION ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 08–1448. Argued November 2, 2010—Decided June 27, 2011 Respondents, representing the video-game and software industries, filed a preenforcement challenge to a California law that restricts the sale or rental of violent video games to minors. The Federal District Court concluded that the Act violated the First Amendment and permanently enjoined its enforcement. The Ninth Circuit affirmed. Held: The Act does not comport with the First Amendment. Pp. 2–18. (a) Video games qualify for First Amendment protection. Like pro- tected books, plays, and movies, they communicate ideas through fa- miliar literary devices and features distinctive to the medium. And “the basic principles of freedom of speech . do not vary” with a new and different communication medium. Joseph Burstyn, Inc. v. Wil- son, 343 U. S. 495, 503. The most basic principle—that government lacks the power to restrict expression because of its message, ideas, subject matter, or content, Ashcroft v. American Civil Liberties Un- ion, 535 U.
    [Show full text]
  • United Kingdom in Re Struthers and Others V. Japan
    REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Anglo-Japanese Property Commission established pursuant to the Agreement concluded between the Allied Powers and the Government of Japan on 12 June 1952 Decision of 30 November 1960 in the case United Kingdom in re Struthers and others v. Japan Commission anglo-japonaise des biens, établie en vertu de l’Accord conclu entre les Puissances Alliées et le gouvernement du Japon le 12 juin 1952 Décision du 30 novembre 1960 dans l’affaire Royaume-Uni in re Struthers et al. c. Japon 30 November 1960 VOLUME XXIX, pp.513-519 NATIONS UNIES - UNITED NATIONS Copyright (c) 2012 PART XXIII Anglo-Japanese Property Commission established pursuant to the Agreement concluded between the Allied Powers and the Government of Japan on 12 June 1952 Commission anglo-japonaise des biens, établie en vertu de l’Accord conclu entre les Puissances Alliées et le gouvernement du Japon le 12 juin 1952 Anglo-Japanese Property Commission established pursuant to the Agreement concluded between the Allied Powers and the Government of Japan on 12 June 1952 Commission anglo-japonaise des biens, établie en vertu de l’Accord conclu entre les Puissances Alliées et le Gouvernement du Japon le 12 juin 1952 Decision of 30 November 1960 in the case United Kingdom in re Struthers and others v. Japan* Décision du 30 novembre 1960 dans l’affaire Royaume-Uni in re Struthers et al. c. Japon** Treaty of peace between the United Kingdom and Japan of 1951—treaty interpre- tation—intention of the parties—meaning of “property”—inability of States to restrict treaty obligations through national law.
    [Show full text]
  • Henry V Plays Richard II
    Colby Quarterly Volume 26 Issue 2 June Article 6 June 1990 "I will...Be like a king": Henry V Plays Richard II Barbara H. Traister Follow this and additional works at: https://digitalcommons.colby.edu/cq Recommended Citation Colby Quarterly, Volume 26, no.2, June 1990, p.112-121 This Article is brought to you for free and open access by Digital Commons @ Colby. It has been accepted for inclusion in Colby Quarterly by an authorized editor of Digital Commons @ Colby. Traister: "I will...Be like a king": Henry V Plays Richard II "I will . .. Be like a king": Henry V Plays Richard II by BARBARA H. TRAISTER N BOTH RichardII and Henry v, the first and last plays ofthe second tetralogy, I kings engage in highly theatrical activity. Each play, however, has a very different metadramatic focus. In Richard II acting becomes a metaphor for the way Richard sees himself. The focus of audience attention is the narcissistic royal actor whose principal concern is his own posturing and who is his own greatest, and eventually only, admirer. Richard is an actor and dramatist, the embodiment of Elizabeth I's comment: "We Princes, I tell you, are set on stages, in the sight and view of all the world duly observed" (quoted in Neale 1957,2:19). However, his self-ab­ sorption and blindness to the world around him lead the audience to make few, if any, connections between him and the actor-dramatist who created him. The play is nearly empty of self-reflexive dramatic overtones despite its complex portrait of a player king.
    [Show full text]
  • Customary International Law and State Taxation of Corporate Income: the Case for the Separate Accounting Method
    Customary International Law and State Taxation of Corporate Income: The Case for the Separate Accounting Method By Chantal Thomas There has been a long and frequently rancorous conflict over the method by which the states of the United States tax the income of multinational corpora- tions. This debate centers on whether a state should tax the income of a compo- nent entity of a multinational corporation residing within its borders according to the "separate accounting" approach or the "formulary apportionment" ap- proach. The separate accounting method, also known as the "arm's length" method, taxes the entity as though it were independent and separate from its corporate family. However, because "commonly controlled corporations ... usually enter into transactions with each other for the good of the group but which may not maximize profit for each member individually," transaction costs are adjusted to reflect "the income an entity would have realized had it dealt with its affiliates at arm's length."1 In contrast, the formulary apportionment method, also known as the "unitary" approach, requires the entity to report the income of the entire corporate family, and then takes a percentage of that in- come that roughly represents the percentage of the family's operations repre- sented by the resident component entity. This formulary apportionment method rests on the theory that a corporate family functions actuarially as a "unitary business," so that income from its component entities cannot accurately be cal- culated with the separate accounting method.2 1. Rosamaria Caballero, Foreign Multinationals and the Commerce Clause: Should the States Mind Their Own Business?, 41 TAx LAW.
    [Show full text]
  • 17-1299 Franchise Tax Bd. of Cal. V. Hyatt (05/13/2019)
    (Slip Opinion) OCTOBER TERM, 2018 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus FRANCHISE TAX BOARD OF CALIFORNIA v. HYATT CERTIORARI TO THE SUPREME COURT OF NEVADA No. 17–1299. Argued January 9, 2019—Decided May 13, 2019 Respondent Hyatt sued petitioner Franchise Tax Board of California (Board) in Nevada state court for alleged torts committed during a tax audit. The Nevada Supreme Court rejected the Board’s argument that the Full Faith and Credit Clause required Nevada courts to ap- ply California law and immunize the Board from liability. The court held instead that general principles of comity entitled the Board only to the same immunity that Nevada law afforded Nevada agencies. This Court affirmed, holding that the Full Faith and Credit Clause did not prohibit Nevada from applying its own immunity law. On remand, the Nevada Supreme Court declined to apply a cap on tort liability applicable to Nevada state agencies. This Court reversed, holding that the Full Faith and Credit Clause required Nevada courts to grant the Board the same immunity that Nevada agencies enjoy. The Court was equally divided, however, on whether to over- rule Nevada v. Hall, 440 U.
    [Show full text]
  • NBC Subsidiary (WMAQ TV) LLC V. Chicago Police Department, 2019 IL App (1St) 181426
    Illinois Official Reports Appellate Court NBC Subsidiary (WMAQ-TV) LLC v. Chicago Police Department, 2019 IL App (1st) 181426 Appellate Court NBC SUBSIDIARY (WMAQ-TV) LLC, Plaintiff-Appellee, v. THE Caption CHICAGO POLICE DEPARTMENT, Defendant-Appellant. District & No. First District, Fourth Division No. 1-18-1426 Filed September 5, 2019 Decision Under Appeal from the Circuit Court of Cook County, No. 17-CH-09589; the Review Hon. Neil H. Cohen, Judge, presiding. Judgment Affirmed. Counsel on Mark A. Flessner, Corporation Counsel, of Chicago (Benna Ruth Appeal Solomon, Myriam Zreczny Kasper, and Jonathon D. Byrer, Assistant Corporation Counsel, of counsel), for appellant. Matthew Topic, Joshua Burday, and Merrick Wayne, of Loevy & Loevy, of Chicago, for appellee. Panel JUSTICE LAMPKIN delivered the judgment of the court, with opinion. Presiding Justice Hoffman and Justice Rochford concurred in the judgment and opinion. OPINION ¶ 1 Plaintiff, Chicago-based NBC Subsidiary (WMAQ-TV) LLC (WMAQ), sued defendant, the Chicago Police Department (CPD), seeking disclosure under the Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq. (West 2016)) of records related to the 2014 fatal shooting of 16-year-old W.R. by police officers. ¶ 2 The circuit court granted WMAQ’s partial summary judgment motion but denied CPD’s cross-motion for summary judgment. The court ruled that the records concerning the investigation of W.R. for a criminal offense were exempt from disclosure under FOIA due to confidentiality provisions applicable to the law enforcement records of minors pursuant to the Juvenile Court Act of 1987 (Act) (705 ILCS 405/1-1 et seq.
    [Show full text]
  • Barclays Bank PLC V. Franchise Tax Board: the Need for Judicial Restraint in Foreign Commerce Clause Analysis Todd Cameron Taylor
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of North Carolina School of Law NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW AND COMMERCIAL REGULATION Volume 20 | Number 2 Article 6 Winter 1995 Barclays Bank PLC v. Franchise Tax Board: The Need for Judicial Restraint in Foreign Commerce Clause Analysis Todd Cameron Taylor Follow this and additional works at: http://scholarship.law.unc.edu/ncilj Recommended Citation Todd C. Taylor, Barclays Bank PLC v. Franchise Tax Board: The Need for Judicial Restraint in Foreign Commerce Clause Analysis, 20 N.C. J. Int'l L. & Com. Reg. 329 (1994). Available at: http://scholarship.law.unc.edu/ncilj/vol20/iss2/6 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law and Commercial Regulation by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Barclays Bank PLC v. Franchise Tax Board: The eedN for Judicial Restraint in Foreign Commerce Clause Analysis Cover Page Footnote International Law; Commercial Law; Law This note is available in North Carolina Journal of International Law and Commercial Regulation: http://scholarship.law.unc.edu/ ncilj/vol20/iss2/6 NOTES Barclays Bank PLC v. Franchise Tax Board: The Need for Judicial Restraint in Foreign Commerce Clause Analysis I. Introduction It is an oft-repeated legal maxim that hard cases make bad law. To this statement it should be added that good results in hard cases still make bad law.
    [Show full text]
  • Utah V. Evans: How Census 2000'S "Sampling in Disguise" Fooled the Supreme Court Into Allocating Utah's Seat in the U.S
    Pepperdine Law Review Volume 31 Issue 4 Article 5 5-15-2004 Utah v. Evans: How Census 2000's "Sampling in Disguise" Fooled the Supreme Court into Allocating Utah's Seat in the U.S. House of Representatives to North Carolina Nathan T. Dwyer Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the Constitutional Law Commons, Courts Commons, and the Legislation Commons Recommended Citation Nathan T. Dwyer Utah v. Evans: How Census 2000's "Sampling in Disguise" Fooled the Supreme Court into Allocating Utah's Seat in the U.S. House of Representatives to North Carolina, 31 Pepp. L. Rev. Iss. 4 (2004) Available at: https://digitalcommons.pepperdine.edu/plr/vol31/iss4/5 This Note is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. Utah v. Evans: How Census 2000's "Sampling in Disguise" Fooled the Supreme Court into Allocating Utah's Seat in the U.S. House of Representatives to North Carolina TABLE OF CONTENTS I. INTRODUCTION II. HISTORICAL BACKGROUND A. History of the Census B. Standing Problemsfor Census Cases C. The Census Act D. The Census Clause of the Constitution III. FACTUAL AND PROCEDURAL BACKGROUND IV. ANALYSIS A. Justice Breyer's Majority Opinion B. Justice O'Connor'sDissenting Opinion C. Justice Thomas's Dissenting Opinion D. Justice Scalia's Dissenting Opinion V.
    [Show full text]
  • Can the Income Tax Be Saved? the Rp Omise and Pitfalls of Unitary Formulary Apportionment Julie Roin
    University of Chicago Law School Chicago Unbound Public Law and Legal Theory Working Papers Working Papers 2007 Can the Income Tax Be Saved? The rP omise and Pitfalls of Unitary Formulary Apportionment Julie Roin Follow this and additional works at: https://chicagounbound.uchicago.edu/ public_law_and_legal_theory Part of the Law Commons Chicago Unbound includes both works in progress and final versions of articles. Please be aware that a more recent version of this article may be available on Chicago Unbound, SSRN or elsewhere. Recommended Citation Julie Roin, "Can the Income Tax Be Saved? The rP omise and Pitfalls of Unitary Formulary Apportionment" (University of Chicago Public Law & Legal Theory Working Paper No. 170, 2007). This Working Paper is brought to you for free and open access by the Working Papers at Chicago Unbound. It has been accepted for inclusion in Public Law and Legal Theory Working Papers by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 170 CAN THE INCOME TAX BE SAVED? THE PROMISE AND PITFALLS OF UNITARY FORMULARY APPORTIONMENT Julie Roin THE LAW SCHOOL THE UNIVERSITY OF CHICAGO April 2007 This paper can be downloaded without charge at the Public Law and Legal Theory Working Paper Series: http://www.law.uchicago.edu/academics/publiclaw/index.html and The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=984076 DRAFT—Unitary taxation, April 9, 2007 p. 1 Can The Income Tax Be Saved?: The Promise and Pitfalls of Adopting Unitary Formulary Apportionment Julie Roin∗ Abstract Governments must raise revenue to provide the services desired by their constituents.
    [Show full text]
  • Batmobile Replicas
    FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DC COMICS, No. 13-55484 Plaintiff-Appellee, D.C. No. v. 2:11-cv-03934- RSWL-OP MARK TOWLE, an individual, DBA Garage Gotham, Defendant-Appellant. OPINION Appeal from the United States District Court for the Central District of California Ronald S.W. Lew, Senior District Judge, Presiding Argued and Submitted February 5, 2015—Pasadena, California Filed September 23, 2015 Before: Michael J. Melloy,* Jay S. Bybee, and Sandra S. Ikuta, Circuit Judges. Opinion by Judge Ikuta * The Honorable Michael J. Melloy, Senior Circuit Judge for the U.S. Court of Appeals for the Eighth Circuit, sitting by designation. 2 DC COMICS V. TOWLE SUMMARY** Copyright / Trademark The panel affirmed the district court’s summary judgment in a copyright and trademark infringement action brought by DC Comics against a maker of Batmobile replicas. The panel held that the Batmobile, as it appeared in the Batman comic books, television series, and motion picture, was entitled to copyright protection because this automotive character was a sufficiently distinctive element of the works. The panel held that DC Comics owned a copyright interest in the Batmobile character, as expressed in the 1966 television series and the 1989 motion picture, because it did not transfer its underlying rights to the character when it licensed rights to produce derivative works. The panel held that the defendant’s replica cars infringed on DC Comics’ copyrights. The panel affirmed the district court’s ruling that the defendant could not assert a laches defense to DC Comics’ trademark infringement claim because he willfully infringed DC’s trademarks.
    [Show full text]
  • Formulary Apportionment in the US International Income Tax System
    Formulary Apportionment in the U.S. International Income Tax System: Putting Lipstick on a Pig? The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation J. Clifton Fleming Jr., Robert J. Peroni, & Stephen E. Shay, Formulary Apportionment in the U.S. International Income Tax System: Putting Lipstick on a Pig?, 36 Mich. J. Int'l L. 1 (2015). Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:13851373 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP ARTICLES FORMULARY APPORTIONMENT IN THE U.S. INTERNATIONAL INCOME TAX SYSTEM: PUTTING LIPSTICK ON A PIG?* J. Clifton Fleming, Jr.** Robert J. Peroni*** Stephen E. Shay**** INTRODUCTION ................................................. 2 I. CREATING AND INFLATING THE VALUE OF LOW- AND ZERO-TAXED FOREIGN INCOME UNDER THE PRESENT U.S. SYSTEM ........................................... 9 II. EXPLICIT TERRITORIALITY .............................. 16 III. THE “REAL” WORLDWIDE ALTERNATIVE ............... 18 A. Overview ........................................... 18 B. Ownership Issues ................................... 21 C. Residency Issues .................................... 21 D. Runaway Corporations.............................. 25 E. Consolidation ....................................... 27 F. Complexity
    [Show full text]