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DaimlerChrysler Corp. v. Cuno

Docket No.: 04-1704
Certiorari Granted: 9/27/2005
Argued: March 1, 2006
Decided: May 15, 2006
Consolidated with: CONSOLIDATED WITH 04-1724 FOR ONE HOUR ORAL ARGUMENT.

Topics:

Article 3, Section 2, Paragraph 1: Case or Controversy Requirement, Judicial Power, Standing to Sue

PartyNames: DaimlerChrysler Corporation, et al. v. Charlotte Cuno, et al.
Petitioner: William W. Wilkins, Tax Commissioner for the State of Ohio, et al.
Respondent: Charlotte Cuno, et al.

Court Below: United States Court of Appeals for the Sixth Circuit

William W. Wilkins, Tax Commissioner for the State of Ohio, et al.
v.
Charlotte Cuno, et al.
547 U.S. 319 (2006)
Question Presented:

Whether Ohio's investment tax credit, Ohio Revised Code § 5733.33, which seeks to encourage economic development by providing a credit to taxpayers who install new manufacturing machinery and equipment in the State, violates the Commerce Clause of the United States Constitution.

Question:

Did Ohio violate the Commerce Clause of the U.S. Constitution by giving businesses tax incentives to expand their manufacturing operations inside Ohio?

Note:

IN ADDITION, THE PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTION: Whether respondents have standing to challenge Ohio's investment tax credit, Ohio Rev. Code Ann. §5733.33

Holding: vacated in part, and remanded
Decision: Decision: 9 votes for DaimlerChrysler Corp., 0 vote(s) against
Read DAIMLERCHRYSLER CORP. V. CUNO opinion (PDF)
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