On May 18, 2015, the United States Supreme Court issued a decision in Comptroller v. Wynne, holding that Maryland's personal income tax- which did not offer its residents a full credit for income taxes paid to other states on income they earned in those states - was unconstitutional. The majority opinion (5-4), authored by Justice Alito, held that the tax violated the dormant Commerce Clause because it discriminated against interstate commerce. Justices Scalia, Thomas, and Ginsburg authored dissenting opinions on varying grounds.
TEI Files Amicus Brief with U.S. Supreme Court in Maryland's Comptroller v. Wynne Dormant Commerce Clause Case
On September 26, 2014, TEI filed an amicus brief with the U.S. Supreme Court in a case involving the limitations imposed by the federal Commerce Clause on a state's ability to tax business income earned outside the borders of that state (Comptroller v. Wynne). In a line of cases beginning with Complete Auto Transit v. Brady, the Court has consistently held that corporate income earned in multiple jurisdictions must be apportioned, with the domiciliary state taxing only its fair share.