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Commercial Law

1994

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West Lynn Creamery And The Constitutionality Of State Tax Incentives, Walter Hellerstein Oct 1994

West Lynn Creamery And The Constitutionality Of State Tax Incentives, Walter Hellerstein

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One of the more perplexing questions that has surfaced from time to time in the state tax field is how a constitutionally benign tax incentive program designed to attract industry to a state is to be distinguished from an unconstitutionally discriminatory taxing scheme that “forecloses tax-neutral decisions” and “provides a direct commercial advantage to local business.” On one hand, the U.S. Supreme Court has expressed the view that its decisions do “not prevent the States from structuring their tax systems to encourage the growth and development of intrastate commerce and industry.” On the other hand, the Court has frequently invalidated …