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U.S. Supreme Court

Case Status

Decided

Docket Number

10-481

Term

Cert. Denied

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Case Updates

Cert. petition denied

January 18, 2011

U.S. Chamber urges Supreme Court to review retroactive amendments to state tax laws case

November 12, 2010

NCLC urged the Supreme Court to review retroactive amendments to Michigan’s tax laws. In this case, the Michigan Department of Treasury assessed a motor vehicle financing company over $21 million in back taxes for contributions to an employee trust fund. A Michigan appeals court struck down the back taxes because the contributions did not constitute employee compensation under state law. In its brief, NCLC argued that the retroactively-applied law under which the back taxes were assessed violates due process limits on retroactive tax legislation. NCLC warned that retroactive tax legislation creates economic uncertainty and undermines confidence in the rule of law.

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