Barclays Bank PLC v. Franchise Tax Board of California (512 U.S. 298)
U.S. Supreme Court · decided June 20, 1994 · Supreme Court Database (Spaeth)
- Citation
- 512 U.S. 298 · 114 S. Ct. 2268
- Decided
- June 20, 1994
- Term
- October Term 1993
- Vote
- 7–2
- Majority author
- Justice Ginsburg
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Ginsburg delivered the opinion of the Court. Eleven years ago, in Container Corp. of America v. Franchise Tax Bd., 463 U. S. 159 (1983), this Court upheld California’s income-based corporate franchise tax, as applied to a multinational enterprise, against a comprehensive challenge made under the Due Process and Commerce Clauses of the Federal Constitution. Container Corp. involved a corporate taxpayer domiciled and headquartered in the United States; in addition to its stateside components, the taxpayer had a number of overseas subsidiaries incorporated in the countries in which they operated. The Court’s decision in Container Corp. did not address the constitutionality of California’s taxing scheme as applied to “domestic corporations with foreign parents or [to] foreign corporations with either foreign parents or foreign subsidiaries.” Id., at 189, n. 26. In the consolidated cases before us, we return to the taxing scheme earlier considered in Container Corp. and resolve matters left open in that case. The petitioner in No. 92-1384, Barclays Bank PLC (Bar-clays), is a United Kingdom corporation in the Barclays Group, a multinational banking enterprise. The petitioner in No. 92-1839, Colgate-Palmolive Co. (Colgate), is the United States-based parent of a multinational manufacturing and sales enterprise. Each enterprise has operations in California. During the years…
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