VFJ Ventures, Inc. v. Surtees, et al.

Case Details

Status: Defeat
Docket No: 08-916
NCLC Involvement: Petitioner
Solicitor General Involvement: None
Issue: Taxation
Industry: Consumer Goods
Oral Argument Date:
Vote:
Lower Court: Alabama Supreme Court

Question(s) Presented
NCLC's Position

NCLC urged the Supreme Court to grant certiorari to decide whether a state tax on royalty payments to a sister corporation incorporated in another state offends the dormant Commerce Clause. The Alabama statute in question impermissibly regulates commercial activity that occurs entirely beyond the state's borders. State tax laws that regulate out-of-state businesses effectively force their tax policies on other states, and undermine the ability of sister states to compete for a business presence by adopting pro-business taxing regimes.

Case Outcome

The Supreme Court declined to review the case.

Procedural History

Amicus brief filed 2/23/09. Cert. denied 4/27/09.

Case Documents