Opinion · Supreme Court of the United States

Tyler Pipe Industries, Inc. v. Washington State Department of Revenue

Tyler Pipe Indus., Inc. v. Wash. State Dep’t of Revenue, 483 U.S. 232 (1987)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1987-06-23
Topic
bankruptcy

Justice O’Connor, concurring. I join the Court’s opinion holding that “[i]n light of the facially discriminatory nature of the multiple activities exemption,” ante, at 244, see Maryland v. Louisiana, 451 U. S. 725, 756-757 (1981), the Washington taxpayers need not prove actual discriminatory impact “by an examination of the tax burdens imposed by other States.” Ante, at 247. I do not read the Court’s decision as extending the “internal consistency” test described in Armco Inc. v.

Citator

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Justice O’Connor,

concurring.

I join the Court’s opinion holding that “[i]n light of the facially discriminatory nature of the multiple activities exemption,” ante, at 244, see Maryland v. Louisiana, 451 U. S. 725, 756-757 (1981), the Washington taxpayers need not prove actual discriminatory impact “by an examination of the tax burdens imposed by other States.” Ante, at 247. I do not read the Court’s decision as extending the “internal consistency” test described in Armco Inc. v. Hardesty, 467 U. S. 638, 644-645 (1984), to taxes that are not facially discriminatory, contra, post, at 257-258 (Scalia, J., concurring in part and dissenting in part), nor would I agree with such a result in these cases. See American Trucking Assns., Inc. v. Schemer, post, p. 298 (O’Connor, J., dissenting).