Ozark Pipe Line Corp. v. Monier
266 U.S. 555 (1925)

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U.S. Supreme Court

Ozark Pipe Line Corp. v. Monier, 266 U.S. 555 (1925)

Ozark Pipe Line Corporation v. Monier

No. 181

Argued November 26, 1924

Decided January 12, 1925

266 U.S. 555

Syllabus

1. A Missouri statute requires every corporation not organized under the laws of that state but engaged in business therein to pay an annual franchise tax equal to one-tenth of 1% of the par value of its capital stock and surplus employed in business in the state. Rev.Stats.1919, §§ 9836-9848. Held that the tax is one upon the privilege or right to do business. P. 266 U. S. 562.

2. Such a tax cannot constitutionally be exacted of a foreign corporation whose business in the taxing state consists exclusively in the operation of a pipeline for transporting petroleum through the state in interstate commerce, and in ownership of property, maintenance of its principal office, purchase of supplies, employment of labor, maintenance and operation of telephone and telegraph lines and automobiles, and other acts within the state, all exclusively for the furtherance of such interstate commerce and constituting the means and instruments by which it is conducted. P. 266 U. S. 563.

Page 266 U. S. 556

3. The facts that a foreign corporation whose business in a state is entirely interstate commerce is incorporated for local business also, and has applied for and received a local license conferring power to exercise the right of eminent domain, do not empower the state to tax its right to carry on the interstate business. P. 266 U. S. 566.

Reversed.

Appeal from a decree of the district court which dismissed the appellant corporation's bill in a suit to enjoin the appellees, officials of Missouri, from taking proceedings for the revocation of its license to do business in Missouri and for making the amount of an annual franchise tax, with penalties, damages, and interest a lien upon its property in that state.

Page 266 U. S. 560

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