Opinion · Supreme Court of the United States
Allied Stores of Ohio, Inc. v. Bowers
Allied Stores of Ohio, Inc. v. Bowers, 358 U.S. 522 (1959)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1959-02-24
- Topic
- general
How later courts describe this case
- holding that regulation will withstand minimal scrutiny "if any state of facts reasonably can be conceived that would sustain it"
- holding that state legislatures need not state an explicit purpose due to presumption that purposes of tax assessment are valid
- noting that, in the Equal Protection Clause context, “a state legislature need not explicitly declare its purpose” for enacting legislation
- stating that this has “long been settled” even where a classification is otherwise “discriminatory”
- upholding state tax classification resting “upon a state of facts that reasonably can be con ceived” as creating a rational distinction
- upholding state tax classification resting “upon a state of facts that reasonably can be conceived” as creating a rational distinction
- distinguishing Wheeling Steel Corp. v. Glander, 337 U.S. 562, 69 S.Ct. 1291, 93 L.Ed. 1544 (1949
- finding states can vary the rates of taxes and fees based on legitimate classifications
Citator
UpLaw has not yet analyzed Allied Stores of Ohio, Inc. v. Bowers. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 746 opinions
Headnotes
- Constitutional Law — Standing Whether a party has standing to raise a federal constitutional claim presented in a state court proceeding is a question of federal law, and the Supreme Court must determine for itself the sufficiency of the allegations displaying the right or defense, uninhibited by the state court's view of the matter. 358 U.S. at 525
- Constitutional Law — Standing A party has standing to assert that a statutory exemption for nonresidents denies it equal protection where the exemption remains validly in the statute and is the basis of the party's claim, notwithstanding that the party's contention, if sustained, would leave it taxable under the remaining provisions of the statute. 358 U.S. at 526
- Constitutional Law — Equal Protection The Equal Protection Clause imposes no iron rule of equality on state taxation; the State may impose different specific taxes upon different trades and professions and may vary tax rates upon various products, and is not required to resort to close distinctions or to maintain a precise, scientific uniformity with reference to composition, use, or value. 358 U.S. at 526-527
- Constitutional Law — Equal Protection A state taxing classification satisfies the Equal Protection Clause if it rests upon some ground of difference having a fair and substantial relation to the object of the legislation; if the selection or classification is neither capricious nor arbitrary and rests upon some reasonable consideration of difference or policy, there is no denial of equal protection. 358 U.S. at 527-528
- Constitutional Law — Equal Protection A statute that discriminates in favor of a certain class does not thereby become arbitrary if the discrimination is founded upon a reasonable distinction or difference in state policy. 358 U.S. at 528
- Constitutional Law — Equal Protection A classification, though discriminatory, is neither arbitrary nor violative of the Equal Protection Clause if any state of facts reasonably can be conceived that would sustain it. 358 U.S. at 528
- Constitutional Law — Equal Protection A statute that encourages the location within the State of needed and useful industries by exempting them, though not also others, from its taxes is not arbitrary and does not violate the Equal Protection Clause. 358 U.S. at 528
- Constitutional Law — Equal Protection In assessing a state tax classification against the Equal Protection Clause, a legislature need not explicitly declare its purpose, and a court cannot assume that legislative enactments were adopted arbitrarily or without good reason to further some legitimate state policy; a tax exemption favoring nonresidents is not invidious or palpably arbitrary where the State reasonably could have adopted it to encourage nonresidents to construct or operate warehouses in the State or to stimulate the market for goods produced in the State. 358 U.S. at 528-529
- Constitutional Law — Equal Protection Where a statute on its face discriminates against nonresidents and explicitly declares its purpose, and that declared purpose is found arbitrarily discriminatory, the discrimination violates the Equal Protection Clause; but where the discrimination against residents rests not upon the different residence of the owner but upon a conceivable state of facts constituting a reasonable distinction or difference in state policy, it is not invidious or palpably arbitrary. 358 U.S. at 529-530
delivered the opinion of the Court.
The principal question presented is whether an Ohio statute that exempts from ad valorem taxation “merchandise or agricultural products belonging to a nonresi
The facts are stipulated. So far as pertinent, they are that appellant, Allied Stores of Ohio, Inc., an Ohio corporation, owns and operates a department store in each of four Ohio cities. It also maintains in each of those cities a private warehouse where it stores stocks of merchandise of the kinds sold in its stores. As needed, merchandise is transferred from the warehouse to the store, and when merchandise is sold by sample in the store — usually a heavy or bulky article — it is delivered from the warehouse directly to the customer.
Title 57, Page’s Ohio Rev. Code Ann., 1953, § 5709.01, provides, inter alia, that “All personal property located and used in business in this state [shall be] subject to taxation, regardless of the residence of the owners thereof. . . .” (Emphasis added.) During the tax year involved another Ohio statute, Title 57, Page’s Ohio Rev. Code Ann., 1953, § 5701.08 (A), provided, in pertinent part, that:
“As used in Title LVII of the Revised Code:
“(A) Personal property is 'used’ within the meaning of 'used in business’ . . . when stored or kept on hand as material, parts, products, or merchandise; but merchandise or agricultural products belonging to a nonresident of this state is not used in business in this state if held in a storage warehouse for storage only. ...”1 (We have added the italics, and, as was done by the Supreme Court of Ohio, we will refer to the italicized portion as the “proviso.”)
The first and preliminary question thus is whether the Supreme Court of Ohio correctly held that appellant lacked standing to prosecute the constitutional question sought to be presented. It is settled that “[wjhether a pleading sets up a sufficient right of action or defense, grounded on the Constitution or a law of the United States, is necessarily a question of federal law; and where a case coming from a state court presents that question, this Court must determine for itself the sufficiency of the allegations displaying the right or defense, and is not concluded by the view taken of them by the state court.” First National Bank v. Anderson, 269 U. S. 341, 346; Staub v. City of Baxley, 355 U. S. 313, 318.
In reaching its conclusion, the Ohio court said “In our opinion, it is not necessary to consider the constitutional question raised by the taxpayer in the instant case because, if its contention with regard to that question is sound, it necessarily leads to the conclusion that the entire proviso in subdivision (A) of Section 5701.08, which read, ‘but merchandise or agricultural products belonging to a nonresident of this state is not used in business in this state if held in a storage warehouse for storage only,’ was void and should be stricken. That being so, it is apparent that any of taxpayer’s ‘merchandise . . . held in a storage warehouse for storage only’ would be taxable because described by the preceding words remaining in the statute and reading, ‘stored . . . as . . . merchandise.’ ” But the court did not hold that the proviso was invalid, nor did it strike it from the statute. Instead, it held that the proviso expressed the valid legislative purpose to exempt the merchandise and agricultural products of nonresidents when held in a storage warehouse for storage only and that the court was powerless to strike it. In
This brings us to the merits. Does the proviso exempting “merchandise or agricultural products belonging to a nonresident ... if held in a storage warehouse for storage only” deny to appellant, a resident of the State, the equal protection of the laws within the meaning of the Fourteenth Amendment? The applicable principles have been often stated and are entirely familiar. The States have a very wide discretion in the laying of their taxes. When dealing with their proper domestic concerns, and not trenching upon the prerogatives of the National Government or violating the guaranties of the Federal Constitution, the States have the attribute of sovereign powers in devising their fiscal systems to ensure revenue and foster their local interests. Of course, the States, in the exercise of their taxing power, are subject to the requirements of the Equal Protection Clause of the Fourteenth Amendment. But that clause imposes no iron rule of equality, prohibiting the flexibility and variety that are appropriate to reasonable schemes of state taxation. The
But there is a point beyond which the State cannot go without violating the Equal Protection Clause. The State must proceed upon a rational basis and may not resort to a classification that is palpably arbitrary. The rule often has been stated to be that the classification “must rest upon some ground of difference having a fair and substantial relation to the object of the legislation.” Royster Guano Co. v. Virginia, 253 U. S. 412, 415; Louisville Gas & Electric Co. v. Coleman, 277 U. S. 32, 37; Air-Way Electric Appliance Corp. v. Day, 266 U. S. 71, 85; Schlesinger v. Wisconsin, 270 U. S. 230, 240; Ohio Oil Co. v. Conway, 281 U. S. 146, 160. “If the selection or classification is neither capricious nor arbitrary, and rests upon some reasonable consideration of difference or policy, there is no denial of the equal protection of the law.” Brown-
Coming directly to the concrete problem now before us, it has repeatedly been held and appears to be entirely settled that a statute which encourages the location within the State of needed and useful industries by exempting them, though not also others, from its taxes is not arbitrary and does not violate the Equal Protection Clause of the Fourteenth Amendment. Bell’s Gap R. Co. v. Pennsylvania, supra, 134 U. S., at 237; Ohio Oil Co. v. Conway, 281 U. S., at 159; Williams v. Baltimore, 289 U. S. 36; Colgate v. Harvey, 296 U. S. 404, 439 (dissenting opinion). Similarly, it has long been settled that a classification, though discriminatory, is not arbitrary nor viola-tive of the Equal Protection Clause of the Fourteenth Amendment if any state of facts reasonably can be conceived that would sustain it. Lindsley v. Natural Carbonic Gas Co., 220 U. S. 61, 78; Quong Wing v. Kirken-dall, 223 U. S. 59; Rast v. Van Deman & Lewis Co., 240 U. S. 342, 357; State Board of Tax Comm’rs v. Jackson, 283 U. S., at 537.
In the light of the law thus well settled, how stands appellant’s case? We cannot assume that state legislative enactments were adopted arbitrarily or without good reason to further some legitimate policy of the State. What were the special reasons, motives or policies of the Ohio Legislature for adopting the questioned proviso we do not know with certainty, nor is it important that we should, Southwestern Oil Co. v. Texas, 217 U. S. 114, 126, for a state legislature need not explicitly declare its purpose. But it is obvious that it may reasonably have
Appellant heavily relies on Wheeling Steel Corp. v. Glander, 337 U. S. 562. We think that case is not apposite. There Ohio statutes exempted from taxation certain accounts receivable owned by residents of the State but taxed those owned by nonresidents. The statutes, on their face admittedly discriminatory against nonresidents, themselves declared their purpose. That purpose was to proffer to other States a scheme of “reciprocity” for taxing accounts receivable.4 Ohio argued that
, „ , Affirmed.
Mr. Justice Stewart took no part in the consideration or decision of this case.The unitalicized portion of the statute was enacted in 1931, 114 Ohio Laws 714, 716. The italicized clause was added by the Ohio Legislature at its next session in 1933, 115 Ohio Laws 548, 553. In
The Ohio taxing date is January 1, Title 57, Page’s Ohio Rev. Code Ann., 1953, § 5711.03. Why the assessment involved was for the year ended January 31, instead of January 1, 1954, is not explained in the record or the briefs. A merchant’s personal property is valued for tax purposes “by taking the amount in value on hand, as nearly as possible, in each month of the next preceding year in which he has been engaged in business, adding together such amounts, and dividing the aggregate amount by the number of months that he has been in business during such year.” Title 57, Page’s Ohio Rev. Code Ann., 1953, § 5711.15.
The Supreme Court of Ohio has held that a foreign corporation, although authorized to do and doing a local business in Ohio, is a nonresident within the meaning of the proviso here in question. B. F. Goodrich Co. v. Peck, 161 Ohio St. 202, 204, 118 N. E. 2d 525, 527.
The stated purpose was to proffer to other States a right to tax accounts receivable owned by residents of Ohio that derived from sales of Ohio goods negotiated and consummated in such other States in exchange for a claimed Ohio right to tax the accounts receivable owned by residents of other States that derived from sales of their goods negotiated and consummated in Ohio. “The effect,” this Court said, “[was] that intangibles of nonresident owners [were] assigned