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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- KRAFT GENERAL FOODS, INC. v. IOWA DEPART-
- MENT OF REVENUE AND FINANCE
- certiorari to the supreme court of iowa
- No. 90-1918. Argued April 22, 1992-Decided June 18, 1992
-
- The Iowa statute that imposes a business tax on corporations uses the
- federal tax code's definition of ``net income'' with certain adjustments.
- Like the federal scheme, Iowa allows corporations to take a deduction
- for dividends received from domestic, but not foreign, subsidiaries.
- However, unlike the federal scheme, Iowa does not allow a credit for
- taxes paid to foreign countries. Petitioner Kraft General Foods, Inc.,
- a unitary business with operations in the United States and several
- foreign countries, deducted its foreign subsidiary dividends from its
- taxable income on its 1981 Iowa return, notwithstanding the contrary
- provisions of Iowa law. Respondent Iowa Department of Revenue
- and Finance (Iowa) assessed a deficiency, which Kraft challenged in
- administrative proceedings and subsequently in Iowa courts. The
- Iowa Supreme Court rejected Kraft's argument that the disparate
- treatment of domestic and foreign subsidiary dividends violated the
- Commerce Clause of the Federal Constitution, holding that Kraft
- failed to demonstrate that the taxing scheme gave Iowa businesses
- a commercial advantage over foreign commerce.
- Held:The Iowa statute facially discriminates against foreign commerce
- in violation of the Foreign Commerce Clause. It is indisputable that
- the statute treats dividends received from foreign subsidiaries less
- favorably than those received from domestic subsidiaries by including
- the former, but not the latter, in taxable income. None of the several
- arguments made by Iowa and its amici-that, since a corporation's
- domicile does not necessarily establish that it is engaged in either
- foreign or domestic commerce, the disparate treatment is not discrim-
- ination based on the business activity's location or nature; that a
- taxpayer can avoid the discrimination by changing a subsidiary's
- domicile from a foreign to a domestic location; that the statute does
- not treat Iowa subsidiaries more favorably than those located else-
- where; that the benefit to domestic subsidiaries might be offset by
- the taxes imposed on them by other States and the Federal Govern-
- ment; and that the statute is intended to promote administrative
- convenience rather than economic protectionism-justifies Iowa's
- differential treatment of foreign commerce. Pp.4-11.
- 465 N.W.2d 664, reversed and remanded.
-
- Stevens, J., delivered the opinion of the Court, in which White,
- O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined.
- Rehnquist, C. J., filed a dissenting opinion, in which Blackmun, J.,
- joined.
-