No. 23-914

Diane Zilka v. City of Philadelphia, Tax Review Board

Lower Court: Pennsylvania
Docketed: 2024-02-23
Status: Denied
Type: Paid
CVSGAmici (3)Relisted (3) Experienced Counsel
Tags: commerce-clause constitutional-interpretation interstate-taxation out-of-state-tax state-tax tax-burden tax-credit tax-scheme taxpayer-burden
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2025-01-10 (distributed 3 times)
Question Presented (AI Summary)

Whether the Commerce Clause requires states to consider a taxpayer's burden in light of the state tax scheme as a whole when crediting a taxpayer's out-of-state tax liability

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Commerce Clause requires states to consider a taxpayer’s burden in light of the state tax scheme as a whole when crediting a taxpayer’s out-ofstate tax liability as the West Virginia and Colorado Supreme Courts have held and this Court has suggested, or permits states to credit out-of-state state and local tax liabilities as discrete tax burdens, as the Pennsylvania Supreme Court held below.

Docket Entries

2025-01-13
Petition DENIED.
2024-12-24
DISTRIBUTED for Conference of 1/10/2025.
2024-12-23
Supplemental Brief of Diane Zilka submitted.
2024-12-23
2024-12-09
Brief amicus curiae of United States filed.
2024-06-10
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2024-06-03
DISTRIBUTED for Conference of 6/6/2024.
2024-05-29
Rescheduled.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-09
2024-04-24
Brief of respondent Tax Review Board City of Philadelphia in opposition filed.
2024-03-25
2024-03-25
2024-03-08
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2024.
2024-03-07
Motion to extend the time to file a response from March 25, 2024 to April 24, 2024, submitted to The Clerk.
2024-02-20
Petition for a writ of certiorari filed. (Response due March 25, 2024)

Attorneys

American College of Tax Counsel
Andrew Michael WeinerKostelanetz, LLP, Amicus
Andrew Michael WeinerKostelanetz, LLP, Amicus
Diane Zilka
Carter G. PhillipsSidley Austin LLP, Petitioner
Carter G. PhillipsSidley Austin LLP, Petitioner
National Taxpayers Union Foundation
Joseph Darcy HenchmanNational Taxpayers Union Foundation, Amicus
Joseph Darcy HenchmanNational Taxpayers Union Foundation, Amicus
Tax Review Board City of Philadelphia
Craig Randall GottliebCity of Philadelphia Law Department, Respondent
Craig Randall GottliebCity of Philadelphia Law Department, Respondent
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Elizabeth B. PrelogarSolicitor General, Amicus