Opinion · Supreme Court of the United States

Ohio Oil Co. v. Conway

Ohio Oil Co. v. Conway, 281 U.S. 146 (1930)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1930-04-14
Topic
general

How later courts describe this case

  • State "may impose different specific taxes upon different trades and professions and may vary the rates of excise upon various products" without violating the Fourteenth Amendment's Equal Protection and Due Process Clauses

Citator

Ohio Oil Co. v. Conway has been questioned or limited by later authorities: relies on overruled authority: 43 S. Ct. 83 (overruled by Commonwealth Edison Co. v. Montana). Read them before relying on it. 158 later decisions cite it.

Authority status
caution
Cited by
158 opinions

Headnotes

  1. Tax Law — Severance Tax — State Constitutional Authority A specific severance tax graduated according to a classification of oils by the Baume Scale of Gravity is a tax predicated upon the quantity of the product severed, and is consistent with a state constitutional provision permitting natural resources to be classified for taxation and taxes to be predicated upon either the quantity or the value of the product at the time and place where it was severed. 281 U.S. at 158
  2. Constitutional Law — Equal Protection The Fourteenth Amendment imposes no iron rule of equality prohibiting the flexibility and variety appropriate to schemes of state taxation. 281 U.S. at 159
  3. Constitutional Law — Equal Protection A State may impose different specific taxes on different products and is not required in doing so to make close distinctions or to maintain a precise, scientific uniformity with reference to composition, use, or value; it may classify broadly the subjects of taxation if it proceeds on a rational basis and avoids classification that is palpably arbitrary. 281 U.S. at 159
  4. Constitutional Law — Equal Protection In laying a graduated specific severance tax per barrel on oils sold primarily for their gasoline content, a State's resort to Baume gravity as the basis of classification is not palpably arbitrary where gravity, though not invariably accurate as a test, is generally regarded in the industry as indicative of gasoline content and is used by the industry, including the complaining taxpayer, in fixing the prices of such oils. 281 U.S. at 160
  5. Constitutional Law — Equal Protection A graduation of a severance tax according to gravity, which treats all oils of the same gravity alike, does not violate the equal protection clause merely because the tax falls more heavily on some oils than on others of equal gravity due to the existence of various gravity schedules of prices and to some oils being sold at flat prices; the State is not required to grade its tax with a nicety that would assign every oil a grade corresponding exactly to its actual value. 281 U.S. at 160
  6. Constitutional Law — Equal Protection A discrimination resulting from a gravity-based graduation of a severance tax, which places in the lowest tax division oils valuable chiefly as a source of lubricating oil and tested in the industry by viscosity and sulphur content rather than gravity, is not repugnant to the equal protection clause, since oils of distinct composition and utility especially suitable for making lubricating oil may lawfully be classified apart for taxation, or not taxed at all, and the statute is not rendered invalid by the failure to describe such oils scientifically. 281 U.S. at 161
  7. Constitutional Law — Equal Protection The Federal Constitution does not prevent a State from putting the same specific severance tax on the same sort of oils used in the same way merely because particular producers of such oils obtain different prices for them. 281 U.S. at 162