TEI Files Amicus Brief in Massachusetts' Capital One Economic Nexus Litigation
On April 28, 2009, TEI filed an amicus brief with the U.S. Supreme Court in support of the taxpayer in Capital One Bank v. Commissioner of Revenue. In Capital One, the Massachusetts Supreme Judicial Court held the imposition of the Massachusetts Financial Institution Excise Tax on out-of-state taxpayers having no physical presence within Massachusetts did not violate the Commerce Clause of the United States Constitution. TEI maintains the Massachusetts court erred by concluding the bright-line, physical presence test embraced by the U.S.
TEI Files Amicus Brief in Alabama's VFJ Ventures Addback Litigation
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.