State Tax on Railway Gross Receipts. Reading Railroad Company v. Pennsylvania
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
All 9 flagged citations have been read. The 1 confirmed treatment is listed below; the other citing opinions applied the case, reported another court's treatment, or presented an argument the court did not decide.
9 later cases cite State Tax on Railway Gross Receipts. Reading Railroad Company v. Pennsylvania; 9 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on State Tax on Railway Gross Receipts. Reading Railroad Company v. Pennsylvania?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled
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The Supreme Court rejected the first ground on which State Tax on Railway Gross Receipts upheld the tax and held that the challenged tax on interstate and foreign commerce was unconstitutional.
Philadelphia & Southern Steamship Co. v. Pennsylvania · Supreme Court of the United States · filed
A review of the question convinces us that the first ground on which the decision in State Tax on Railway Gross Receipts was placed is not tenable; that it is not supported by anything decided m Brown v. Maryland; but, on the contrary, that the reasoning in that case is decidedly against it. ... Our conclusion is, that the imposition of the tax in question in this cause was a regulation of interstate and foreign commerce, in conflict with the exclusive powers of Congress under the Constitution.
Read the full opinion on CourtListener →
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