Great Atlantic & Pacific Tea Co. v. Valentine

Decision Date19 November 1935
Docket NumberNo. 4583-4585.,4583-4585.
PartiesGREAT ATLANTIC & PACIFIC TEA CO. v. VALENTINE et al. (THRIFT-WAY STORES, Inc., et al., Interveners). GRAHAM DEPARTMENT STORES CO. et al. v. VALENTINE et al. (NEISNER BROS., Inc., et al., Interveners). WALGREEN CO. v. VALENTINE et al. (LIGGETT DRUG CO., Inc., et al., Interveners).
CourtU.S. District Court — Southern District of Iowa

Gamble, Read & Howland, of Des Moines, Iowa, for complainants and interveners.

Edward L. O'Connor, Atty. Gen., State of Iowa, Clair E. Hamilton, Asst. Atty. Gen., and John Connolly, Jr., and Irvin I. Schlesinger, both of Des Moines, Iowa, and Frank F. Messer, of Iowa City, Iowa, for defendants.

Pertinent provisions of the Iowa Chain Store Act are as follows:

"Sec. 4. Tax imposed. There is hereby imposed upon every person within the state of Iowa engaged in conducting a business by a system of chain stores from any of which stores are sold or otherwise disposed of at retail tangible personal property such as goods, wares, and merchandise, an annual occupation tax for each taxable year during which year or any part thereof, such person is so engaged, as follows to wit:

"a. A specific amount on each person engaged in conducting a business by a system of chain stores to be determined as follows:

"1. Five (5) dollars for each store in excess of one (1) and not in excess of ten (10) if said business is conducted at not in excess of ten (10) stores within this state under a single or common ownership, supervision or management.

"2. Fifteen (15) dollars for each store in excess of ten (10) and not in excess of twenty (20) if said business is conducted at in excess of ten (10) but not in excess of twenty (20) stores within this state under a single or common ownership, supervision or management.

"3. Thirty-five (35) dollars for each store in excess of twenty (20) and not in excess of thirty (30) if said business is conducted at in excess of twenty (20) but not in excess of thirty (30) stores within this state under a single or common ownership, supervision or management.

"4. Sixty-five (65) dollars for each store in excess of thirty (30) and not in excess of forty (40) if said business is conducted at in excess of thirty (30) but not in excess of forty (40) stores within this state under a single or common ownership, supervision or management.

"5. One hundred five (105) dollars for each store in excess of forty (40) and not in excess of fifty (50) if said business is conducted at in excess of forty (40) and not in excess of fifty (50) stores within the state under a single or common ownership, supervision or management.

"6. One hundred fifty-five (155) dollars for each store in excess of fifty (50) if said business is conducted at in excess of fifty (50) stores within this state under a single or common ownership, supervision or management.

"b. An amount based on the combined gross receipts of each person on all of said business of each and all stores within this state under a single or common ownership, control, supervision, or management, conducting a business by a system of chain stores, but which shall be computed by applying the following rates to the entire or combined gross receipts:

"1. $25.00 when the gross receipts are not in excess of fifty thousand (50,000) dollars.

"2. $10.00 for each additional $10,000 or fraction thereof of gross receipts in excess of fifty thousand (50,000) dollars but not in excess of one hundred thousand (100,000) dollars.

"3. $25.00 for each additional $10,000 or fraction thereof of gross receipts in excess of one hundred thousand (100,000) dollars but not in excess of one hundred fifty thousand (150,000) dollars.

"4. $60.00 for each additional $10,000 or fraction thereof of gross receipts in excess of one hundred fifty thousand (150,000) dollars but not in excess of two hundred thousand (200,000) dollars.

"5. $75.00 for each additional $10,000 or fraction thereof of gross receipts in excess of two hundred thousand (200,000) dollars but not in excess of three hundred thousand (300,000) dollars.

"6. $100.00 for each additional $10,000 or fraction thereof of gross receipts in excess of three hundred thousand (300,000) dollars but not in excess of four hundred thousand (400,000) dollars.

"7. $125.00 for each additional $10,000 or fraction thereof of gross receipts in excess of four hundred thousand (400,000) dollars but not in excess of five hundred thousand (500,000) dollars.

"8. $150.00 for each additional $10,000 or fraction thereof of gross receipts in excess of five hundred thousand (500,000) dollars but not in excess of six hundred thousand (600,000) dollars.

"9. $175.00 for each additional $10,000 or fraction thereof of gross receipts in excess of six hundred thousand (600,000) dollars but not in excess of seven hundred thousand (700,000) dollars.

"10. $200.00 for each additional $10,000 or fraction thereof of gross receipts in excess of seven hundred thousand (700,000) dollars but not in excess of eight hundred thousand (800,000) dollars.

"11. $225.00 for each additional $10,000 or fraction thereof of gross receipts in excess of eight hundred thousand (800,000) dollars but not in excess of nine hundred thousand (900,000) dollars.

"12. $250.00 for each additional $10,000 or fraction thereof of gross receipts in excess of nine hundred thousand (900,000) dollars but not in excess of one million (1,000,000) dollars.

"13. $275.00 for each additional $10,000 or fraction thereof of gross receipts in excess of one million (1,000,000) dollars but not in excess of one million two hundred fifty thousand (1,250,000) dollars.

"14. $300.00 for each additional $10,000 or fraction thereof of gross receipts in excess of one million two hundred fifty thousand (1,250,000) dollars but not in excess of one million five hundred thousand (1,500,000) dollars.

"15. $325.00 for each additional $10,000 or fraction thereof of gross receipts in excess of one million five hundred thousand (1,500,000) dollars but not in excess of one million seven hundred fifty thousand (1,750,000) dollars "16. $350.00 for each additional $10,000 or fraction thereof of gross receipts in excess of one million seven hundred fifty thousand (1,750,000) dollars but not in excess of two million (2,000,000) dollars.

"17. $375.00 for each additional $10,000 or fraction thereof of gross receipts in excess of two million ($2,000,000) dollars but not in excess of two million five hundred thousand (2,500,000) dollars.

"18. $400.00 for each additional $10,000 or fraction thereof of gross receipts in excess of two million five hundred thousand (2,500,000) dollars but not in excess of three million (3,000,000) dollars.

"19. $425.00 for each additional $10,000 or fraction thereof of gross receipts in excess of three million (3,000,000) dollars but not in excess of three million five hundred thousand (3,500,000) dollars.

"20. $450.00 for each additional $10,000 or fraction thereof of gross receipts in excess of three million five hundred thousand (3,500,000) dollars but not in excess of four million (4,000,000) dollars.

"21. $475.00 for each additional $10,000 or fraction thereof of gross receipts in excess of four million (4,000,000) dollars but not in excess of four million five hundred thousand (4,500,000) dollars.

"22. $500.00 for each additional $10,000 or fraction thereof of gross receipts in excess of four million five hundred thousand (4,500,000) dollars but not in excess of five million (5,000,000) dollars.

"23. $600.00 for each additional $10,000 or fraction thereof of gross receipts in excess of five million (5,000,000) dollars but not in excess of six million (6,000,000) dollars.

"24. $700.00 for each additional $10,000 or fraction thereof of gross receipts in excess of six million (6,000,000) dollars but not in excess of seven million (7,000,000) dollars.

"25. $800.00 for each additional $10,000 or fraction thereof of gross receipts in excess of seven million (7,000,000) dollars but not in excess of eight million (8,000,000) dollars.

"26. $900.00 for each additional $10,000 or fraction thereof of gross receipts in excess of eight million (8,000,000) dollars but not in excess of nine million (9,000,000) dollars.

"27. $1,000 for each additional $10,000 or fraction thereof of gross receipts in excess of nine million (9,000,000) dollars.

"The tax imposed by subsection `b' hereof shall be computed for the annual period commencing July 1, 1935, and terminating June 30, 1936, and for each succeeding twelve month period thereafter. The tax imposed by subsection `a' hereof shall be due and payable on July 1, 1935, and on July first of each succeeding year thereafter; the tax imposed hereby as far as measured by subsection `a' hereof, shall be computed on the basis of the number of stores operated by any person under a system of chain stores in this state as of July first of each taxable year. The tax imposed by subsection `b' hereof shall be due and payable on August 1, 1936, and on August first of each succeeding year thereafter or within thirty days after any person liable for such tax shall cease entirely to do business within this state of the kind on which the tax is imposed."

Before GARDNER, Circuit Judge, and JOYCE and DEWEY, District Judges.

DEWEY, District Judge.

These are actions wherein the complainants attack the constitutionality of chapter 75 Acts of the 46th General Assembly of the state of Iowa, being House File 311 of said General Assembly, and known as the "Chain Store Tax Act of 1935." The act, so far as here pertinent, is set out in the margin of this opinion.

The issues are succinctly stated by the defendants in their written brief as follows:

"It is alleged in the complaints and petitions of intervention that the Act is unconstitutional and void in that it deprives the complainants and interveners of the equal protection of the laws and abridges the privileges and immunities conferred by law...

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9 cases
  • Hurt v. Cooper
    • United States
    • Texas Court of Appeals
    • 5 Febrero 1938
    ...may exempt as many lines as it chooses. The Ohio chain store tax statute, being reviewed in the case of Great A. & P. Tea Co. v. Valentine, D. C., 12 F.Supp. 760, 767, was held constitutional insofar as it levied a tax graduated according to the number of stores operated under the same owne......
  • Volusia County Kennel Club v. Haggard
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    ...based upon an accumulated graduated scale. The Valentine case was first heard by a three-judge District Court, Great Atlantic & Pacific Tea Co. v. Valentine, 12 F.Supp. 760, 765, in which it was 'In these particulars the cases are different, but we are unable to say that such differences pe......
  • State Ex Rel. Adams v. Lee
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    • 27 Noviembre 1935
    ... ... Standard Oil Co., 294 U.S. 87, 55 S.Ct ... 333, 79 L.Ed. 780; Great Atlantic & Pacific Tea Co. v ... Maxwell, 284 U.S. 575, 52 S.Ct. 26, 76 ... Atlantic & Pacific Tea Co. v. Valentine (D.C.) 12 ... F.Supp. 760 (Iowa Statute) decided November 19, 1935; Ed ... ...
  • Tolerton & Warfield Co. v. Iowa State Bd. of Assessment and Review
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    • 15 Diciembre 1936
    ... ... composed of three judges (Great Atlantic & Pacific Tea ... Co. v. Valentine, 12 F.Supp. 760), with the ... ...
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