Taxation of Public Service Corporations

Cover Taxation of Public Service Corporations
Taxation of Public Service Corporations
Plehn, Carl C. (Carl Copping), 1867-
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Yet in the face of this current legal view Justice Holmes, in voicing a unanimous decision of the Supreme Court of the United States, a decision in which all the wisdom of that court on this point for a century is reviewed and summarized, brushes aside a long argument with the curt statement, "We need say but a word in answer to the sug- gestion (he does not dignify it as an ' objection') that this tax (a tax based on gross earnings) is an unconstitutional inter- ference with interstate commerc...e. " The same court had previously said in regard to a tax on the property and franchises of a corporation engaged in interstate commerce, the tax being based solely on gross earnings, " that a tax of this character is' within the power of the State to levy, there can be no question. ' 7 (Maine vs. Grand Trunk Ry. Co. , 142 U. S. 217. ) If we reject the property tax on the ground of its inade- quacy when applied to public service corporations, we are TAXATION OF PUBLIC SERVICE CORPORATIONS 641 apparently confined to a choice between net earnings and gross earnings as a basis for taxation.

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