On February 23, 2009, TEI filed an amicus brief with the U.S. Supreme Court in VFJ Ventures, Inc. v. Surtees, urging the Court to hear challenges to Alabama's addback statute. Alabama's addback statute denies a deduction for ordinary business expenses paid to related corporations located outside Alabama. TEI's brief argues that the addback statute discriminates against interstate commerce in violation of the Commerce Clause and is unconstitutional.
TEI's brief was prepared under the aegis of TEI's State and Local Tax Committee. TEI Tax Counsel Daniel B. De Jong coordinated the preparation of the brief and was its principal author.