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Supreme Court To Review State Tax Incentives

by Glen Shapiro, LawAndTax-News.com, New York

29 September 2005

The US Supreme Court announced on Tuesday that it will review the way in which state authorities use tax incentives to tempt manufacturing companies.

The case in question involves an Ohio tax incentive ruled unconstitutional by an appeals court last year. A group of taxpayers and small businesses alleges that the investment tax credit, last granted to Daimler Chrysler in 2001, is an unsuitable use of taxpayer money.

Welcoming the Supreme Court's decision to review the case, lawyer for the plaintiffs, Terry Lodge suggested that:

"A clear statement of the unconstitutionality of discriminatory state tax incentives will free all the states from the necessity of engaging in an escalating competition over incentives that deprives them of needed revenues, while gaining a meaningful competitive advantage for none."

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