Wynne: It's Not About Double Taxation

11 Pages Posted: 16 Jan 2015 Last revised: 6 Mar 2015

See all articles by Michael S. Knoll

Michael S. Knoll

University of Pennsylvania Law School; University of Pennsylvania Wharton School -- Real Estate Department

Ruth Mason

University of Virginia School of Law

Date Written: 2015

Abstract

This Article discusses Wynne v. Comptroller, a dormant Commerce Clause case against Maryland pending before the Supreme Court. We use economic analysis to rebut Maryland’s claim that its tax regime does not discriminate against interstate commerce. We also argue that the parties’ framing of the central issue in the case as whether the Constitution requires states to relieve double taxation draws focus away from the discrimination question, and therefore could undermine the Wynnes’ case and lead to unjustified narrowing of the dormant Commerce Clause. We also show how our approach to tax discrimination resolves many of the issues that seemed to trouble the Justices at oral argument.

Keywords: Constitutional law, Supreme Court of the United States, Maryland, state and local income tax, internal consistency test, interstate and intra-state commerce, due process clause, uniform source, uniform residence, tax-induced competitive disadvantage, double taxation

JEL Classification: H24, H25, H71, H77, K34

Suggested Citation

Knoll, Michael S. and Mason, Ruth, Wynne: It's Not About Double Taxation (2015). State Tax Notes, Vol. 75, P. 413, 2015; U of Penn, Inst for Law & Econ Research Paper No. 14-44; Virginia Law and Economics Research Paper No. 3; Virginia Public Law and Legal Theory Research Paper No. 1. Available at SSRN: https://ssrn.com/abstract=2550409

Michael S. Knoll (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-6190 (Phone)
215-573-2025 (Fax)

University of Pennsylvania Wharton School -- Real Estate Department ( email )

Philadelphia, PA 19104-6330
United States

Ruth Mason

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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