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Wisconsin v. Minnesota Mining & Mfg. Co., 311 U.S. 452 (1940)

Wisconsin v. Minnesota Mining & Manufacturing Co.

No. 48

Argued November 20, 1940

Decided December 16, 1940

311 U.S. 452



1. Decided, in part, upon the authority of Wisconsin et al. v. J.C. Penney Co., ante, p. 311 U. S. 435. P. 311 U. S. 453.

2. A state tax on earnings of a foreign corporation attributable to activities in the taxing State held consistent with the commerce clause, although the liability to pay it was made contingent upon happenings outside of the State. P. 311 U. S. 453.

233 Wis. 306; 289 N.W. 686, reversed.

Page 311 U. S. 453

Certiorari, 310 U.S. 619, to review the reversal of a judgment which confirmed an order of the Wisconsin Tax Commission assessing a tax.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

This case, involving another application of the Wisconsin Privilege Dividend Tax considered in Wisconsin v. J. C. Penney Co., ante, p. 311 U. S. 435, is governed by that decision except for a contention made by this respondent but not pressed here in Penney's case.

The Commerce Clause is invoked. But it is too late in the day to find offense to that Clause because a state tax is imposed on corporate net income of an interstate enterprise which is attributable to earnings within the taxing state, Matson Navigation Co. v. State Board, 297 U. S. 441. That liability for such a tax is made contingent upon later happenings, as in the circumstances of the present case, makes no difference.


THE CHIEF JUSTICE, MR. JUSTICE McREYNOLDS, MR. JUSTICE ROBERTS, and MR. JUSTICE REED dissent for the reasons stated in the dissenting opinion in No. 46.

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