|
|
Ozark Pipe Line Corp. v. Monier, 266 U.S. 555 (1925)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ozark Pipe Line Corp. v. Monier, 266 U.S. 555 (1925)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 266 U.S. 548, click here.
Ozark Pipe Line Corporation v. Monier No. 181 Argued November 26, 1924 Decided January 12, 1925 266 U.S. 555
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF MISSOURI
Syllabus
1. A Missouri statute requires every corporation not organized under the laws of that state but engaged in business therein to pay an annual franchise tax equal to one-tenth of 1% of the par value of its capital stock and surplus employed in business in the state. Rev.Stats.1919, §§ 9836-9848. Held that the tax is one upon the privilege or right to do business. P. 562.
2. Such a tax cannot constitutionally be exacted of a foreign corporation whose business in the taxing state consists exclusively in the operation of a pipeline for transporting petroleum through the state in interstate commerce, and in ownership of property, maintenance of its principal office, purchase of supplies, employment of labor, maintenance and operation of telephone and telegraph lines and automobiles, and other acts within the state, all exclusively for the furtherance of such interstate commerce and constituting the means and instruments by which it is conducted. P. 563.
3. The facts that a foreign corporation whose business in a state is entirely interstate commerce is incorporated for local business also, and has applied for and received a local license conferring power to exercise the right of eminent domain, do not empower the state to tax its right to carry on the interstate business. P. 566.
Reversed.
Appeal from a decree of the district court which dismissed the appellant corporation’s bill in a suit to enjoin the appellees, officials of Missouri, from taking proceedings for the revocation of its license to do business in Missouri and for making the amount of an annual franchise tax, with penalties, damages, and interest a lien upon its property in that state.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ozark Pipe Line Corp. v. Monier, 266 U.S. 555 (1925) in 266 U.S. 555 266 U.S. 556–266 U.S. 560. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=JHNRUUBDV5X189E.
MLA: U.S. Supreme Court. "Syllabus." Ozark Pipe Line Corp. v. Monier, 266 U.S. 555 (1925), in 266 U.S. 555, pp. 266 U.S. 556–266 U.S. 560. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=JHNRUUBDV5X189E.
Harvard: U.S. Supreme Court, 'Syllabus' in Ozark Pipe Line Corp. v. Monier, 266 U.S. 555 (1925). cited in 1925, 266 U.S. 555, pp.266 U.S. 556–266 U.S. 560. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=JHNRUUBDV5X189E.
|