Pullman Co. v. Richardson, State Treasurer of California. Hines, Director General of Railroads v. Same

Citations

• 261 U.S. 330
• 43 S. Ct. 366
• 67 L. Ed. 682
• 1923 U.S. LEXIS 2563

Syllabus

<p>1'. A State may tax that part of the property of a carrier engaged in interstate and local business which is permanently located or commonly used within the State, according to its fair value as part of a going concern, measured with reference to the gross receipts from both local and interstate business. P. 338.</p> <p>2. A tax, measured in this way, which is called a property tax, which is imposed in lieu of all other taxes upon the carrier’s property in the State, which is not in excess of what would be a legitimate tax on such property, valued as part of a going concern, nor relatively higher than taxes on other classes of property, does not discriminate against interstate commerce. P. 339.</p> <p>3. A state statutory provision that a foreign corporation failing to pay a tax shall be excluded from doing business in the State would be void as applied to interstate commerce. P. 339.</p> <p>4. The tax here involved, based on the California Constitution (Art. XIII, § 14, as amended, 1910) and on subsequent statutes, was not intended to reach income from property situated or business done outside of the State. P. 340.</p>