State of Wisconsin v. Minnesota Mining Mfg Co, 48

• Decision Date: 16 December 1940
• Docket Number: No. 48,48
• Citation: State of Wisconsin v. Minnesota Mining Mfg Co, 311 U.S. 452, 61 S.Ct. 253, 85 L.Ed. 274 (1940)
• Parties: STATE OF WISCONSIN et al. v. MINNESOTA MINING & MFG. CO
• Court: U.S. Supreme Court

311 U.S. 452

61 S.Ct. 253

85 L.Ed. 274

STATE OF WISCONSIN et al.

v MINNESOTA MINING & MFG. CO.

No. 48.

Argued Nov. 20, 1940.

Decided Dec. 16, 1940.

Rehearing Denied Jan. 13, 1941.

See 312 U.S. 712, 61 S.Ct. 444, 85 L.Ed. —-.

Messrs. Harold H. Persons and James Ward Rector, both of Madison, Wis., for petitioners.

Mr. John L. Connolly, of St. Paul, Minn., for respondent.

Mr. Justice FRANKFURTER delivered the opinion of the Court.

This case, involving another application of the Wisconsin Privilege Dividend Tax considered in Wisconsin v. J. C. Penney Co., 311 U.S. 435, 61 S.Ct. 246, 85 L.Ed. 267, decided this day, is governed by that decision except for a contention made by this respondent but not pressed here in Penney's case.

The Commerce Clause is invoked. But it is too late in the day to find offense to that Clause because a state tax is imposed on corporate net income of an interstate enterprise which is attributable to earnings within the taxing state, Matson Navigation Co. v. State Board, 297 U.S. 441, 56 S.Ct. 553, 80 L.Ed. 791. That liability for such a tax is made contingent upon later happenings, as in the circumstances of the present case, makes no difference.

Reversed and remanded.

The CHIEF JUSTICE, Mr. Justice McREYNOLDS, Mr. Justice...