No. 19-119

Staples, Inc., et al. v. Comptroller of the Treasury of Maryland

Lower Court: Maryland
Docketed: 2019-07-24
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: apportionment commerce-clause constitutional-taxation due-process franchise-fees income-apportionment income-tax interstate-commerce royalty royalty-fees royalty-income state-courts state-taxation
Key Terms:
DueProcess Trademark
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (AI Summary)

When an out-of-State business receives royalty fees, franchise fees, or similar payments from in-State businesses, may a State imposing income taxes constitutionally apportion such income to itself based on the activities of only the in-State businesses?

Question Presented (OCR Extract)

QUESTION PRESENTED When an out-of-State business receives royalty fees, franchise fees, or similar payments from in-State businesses, may a State imposing income taxes constitutionally apportion such income to itself based on the activities of only the in-State businesses?

Docket Entries

2019-11-04
Petition DENIED.
2019-10-09
DISTRIBUTED for Conference of 11/1/2019.
2019-10-09
Reply of petitioners Staples, Inc. et al. filed. (Distributed)
2019-09-20
Brief of respondent Maryland Comptroller of the Treasury in opposition filed.
2019-08-21
Response Requested. (Due September 20, 2019)
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-08-05
Waiver of right of respondent Maryland Comptroller of the Treasury to respond filed.
2019-07-22
Petition for a writ of certiorari filed. (Response due August 23, 2019)
2019-06-07
Application (18A1172) granted by The Chief Justice extending the time to file until July 22, 2019.
2019-06-06
Application (18A1172) to extend further the time from June 21, 2019 to July 22, 2019, submitted to The Chief Justice.
2019-05-13
Application (18A1172) granted by The Chief Justice extending the time to file until June 21, 2019.
2019-05-10
Application (18A1172) to extend the time to file a petition for a writ of certiorari from May 23, 2019 to June 21, 2019, submitted to The Chief Justice.

Attorneys

Maryland Comptroller of the Treasury
Brian Lee OlinerMaryland Offices of the Attorney General, Respondent
Brian Lee OlinerMaryland Offices of the Attorney General, Respondent
Staples, Inc. and Staples the Office Superstore, Inc.
Joseph Russell PalmoreMorrison & Foerster LLP, Petitioner
Joseph Russell PalmoreMorrison & Foerster LLP, Petitioner