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Fulton Corporation v. Faulkner

Docket No.: 94-1239
Argued: October 31, 1995
Decided: February 19, 1996

Topics:

Article 1, Section 8, Paragraph 3: Interstate Commerce Clause, Economic Activity, State Tax, Commerce Clause, Dormant Commerce Clause, Equal Protection Clause, Fourteenth Amendment

PartyNames: FULTON CORPORATION, Petitioner, v. Janice H. FAULKNER, Secretary of Revenue of North Carolina.
Petitioner: Fulton Corporation
Respondent: Faulkner

Court Below: THE SUPREME COURT OF NORTH CAROLINA No. 94-1239. Argued October 31, 1995-Decided
Supreme Court Docket

Fulton Corporation
v.
Faulkner
516 U.S. 325 (1996)
Other Citations: 116 S.Ct. 848133 L.Ed.2d 796 (516 U.S. 3
Question:

Does North Carolina's "intangibles tax" on a fraction of the value of corporate stock owned by North Carolina residents inversely proportional to the corporation's exposure to the State's income tax violate the Federal Commerce Clause?

Fulton Corporation v. Faulkner
ORAL ARGUMENT

October 31, 1995

Holding: reversed and remanded
Decision: Decision: 9 votes for Fulton Corporation, 0 vote(s) against

Fulton Corporation v. Faulkner
Case Documents

1Opinion in Fulton Corporation v. Faulkner
2Opinion in Fulton Corporation v. Faulkner
Additional documents for this case are pending review.