external consistency test (Texas) · Go Syfert
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external consistency test in Texas

5 Texas opinions name it 1 courts 2003–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Oklahoma Tax Commission v. Jefferson Lines, Inc.red
scotus · 1995 · cited in 3 Texas opinions naming this issue, 2003–2003
2 sentences

2003Goldberg, 488 U.S. at 265 ; see also Oklahoma Tax Comm=n, 514 U.S. at 186-96 (applying external consistency test to tax which did not facially discriminate against interstate commerce); American Trucking Ass=ns v. Scheiner, 483 U.S. 266 , 8 General Motors Corp. v. Washington, 377 U.S. 436, 449 (1964) (Athe taxpayers must show that the formula places a burden upon interstate commerce in a constitutional sense@). 9 See Tyler Pipe Indus., Inc. v. Washington State Dep=t of Revenue, 483 U.S. 232, 248 (1987) (overruling portion of General Motors Corp. requiring taxpayer to prove that specific inters

2003Goldberg , 488 U.S. at 265 ; s ee also Oklahoma Tax Comm'n , 514 U.S. at 186-96 (applying external consistency test to tax which did not facially discriminate against interstate commerce); American Trucking Ass'ns v. Scheiner , 483 U.S. 266, 282 (1987) (" The way in which a tax levied on participants in interstate commerce is measured and assessed bears directly on whether it implicates central Commerce Clause values ."); Complete Auto , 430 U.S. at 281 (noting that Court "has moved toward a standard of permissibility of state taxation based upon its actual effect rather than its legal termino

33
American Trucking Assns., Inc. v. Scheinergreen
scotus · 1987 · cited in 3 Texas opinions naming this issue, 2003–2003
2 sentences

2003Goldberg, 488 U.S. at 265 ; see also Oklahoma Tax Comm=n, 514 U.S. at 186-96 (applying external consistency test to tax which did not facially discriminate against interstate commerce); American Trucking Ass=ns v. Scheiner, 483 U.S. 266 , 8 General Motors Corp. v. Washington, 377 U.S. 436, 449 (1964) (Athe taxpayers must show that the formula places a burden upon interstate commerce in a constitutional sense@). 9 See Tyler Pipe Indus., Inc. v. Washington State Dep=t of Revenue, 483 U.S. 232, 248 (1987) (overruling portion of General Motors Corp. requiring taxpayer to prove that specific inters

2003Goldberg , 488 U.S. at 265 ; s ee also Oklahoma Tax Comm'n , 514 U.S. at 186-96 (applying external consistency test to tax which did not facially discriminate against interstate commerce); American Trucking Ass'ns v. Scheiner , 483 U.S. 266, 282 (1987) (" The way in which a tax levied on participants in interstate commerce is measured and assessed bears directly on whether it implicates central Commerce Clause values ."); Complete Auto , 430 U.S. at 281 (noting that Court "has moved toward a standard of permissibility of state taxation based upon its actual effect rather than its legal termino

23
Complete Auto Transit, Inc. v. Bradygreen
scotus · 1977 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003Goldberg, 488 U.S. at 265 , 109 S.Ct. 582 ; see also Oklahoma Tax Comm’n, 514 U.S. at 186-96 , 115 S.Ct. 1331 (applying external consistency test to tax which did not facially *149 discriminate against interstate commerce); American Trucking Ass’ns v. Schemer, 488 U.S. 266 , 282, 107 S.Ct. 2829 , 97 L.Ed.2d 226 (1987) (“The way in which a tax levied on participants in interstate commerce is measured and assessed bears directly on whether it implicates central Commerce Clause values.”); Complete Auto, 430 U.S. at 281 , 97 S.Ct. 1076 (noting that Court “has moved toward a standard of permissibil

2003Goldberg , 488 U.S. at 265 ; s ee also Oklahoma Tax Comm'n , 514 U.S. at 186-96 (applying external consistency test to tax which did not facially discriminate against interstate commerce); American Trucking Ass'ns v. Scheiner , 483 U.S. 266, 282 (1987) (" The way in which a tax levied on participants in interstate commerce is measured and assessed bears directly on whether it implicates central Commerce Clause values ."); Complete Auto , 430 U.S. at 281 (noting that Court "has moved toward a standard of permissibility of state taxation based upon its actual effect rather than its legal termino

12
General Motors Corp. v. Washingtongreen
scotus · 1964 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Goldberg, 488 U.S. at 265 ; see also Oklahoma Tax Comm=n, 514 U.S. at 186-96 (applying external consistency test to tax which did not facially discriminate against interstate commerce); American Trucking Ass=ns v. Scheiner, 483 U.S. 266 , 8 General Motors Corp. v. Washington, 377 U.S. 436, 449 (1964) (Athe taxpayers must show that the formula places a burden upon interstate commerce in a constitutional sense@). 9 See Tyler Pipe Indus., Inc. v. Washington State Dep=t of Revenue, 483 U.S. 232, 248 (1987) (overruling portion of General Motors Corp. requiring taxpayer to prove that specific inters

11
Armco Inc. v. Hardestygreen
scotus · 1984 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Goldberg, 488 U.S. at 265 ; see also Oklahoma Tax Comm=n, 514 U.S. at 186-96 (applying external consistency test to tax which did not facially discriminate against interstate commerce); American Trucking Ass=ns v. Scheiner, 483 U.S. 266 , 8 General Motors Corp. v. Washington, 377 U.S. 436, 449 (1964) (Athe taxpayers must show that the formula places a burden upon interstate commerce in a constitutional sense@). 9 See Tyler Pipe Indus., Inc. v. Washington State Dep=t of Revenue, 483 U.S. 232, 248 (1987) (overruling portion of General Motors Corp. requiring taxpayer to prove that specific inters

11
Tyler Pipe Industries, Inc. v. Washington State Department of Revenuegreen
scotus · 1987 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Goldberg, 488 U.S. at 265 ; see also Oklahoma Tax Comm=n, 514 U.S. at 186-96 (applying external consistency test to tax which did not facially discriminate against interstate commerce); American Trucking Ass=ns v. Scheiner, 483 U.S. 266 , 8 General Motors Corp. v. Washington, 377 U.S. 436, 449 (1964) (Athe taxpayers must show that the formula places a burden upon interstate commerce in a constitutional sense@). 9 See Tyler Pipe Indus., Inc. v. Washington State Dep=t of Revenue, 483 U.S. 232, 248 (1987) (overruling portion of General Motors Corp. requiring taxpayer to prove that specific inters

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Goldberg v. Sweet green
scotus · 1989
2 sentences

2015“The external consistency test asks whether the State has taxed only that-portion of the revenues from the interstate activity which reasonably reflects the in-state component of the activity being taxed.” Id. at 262 , 109 S.Ct. at 589 . ‘We thus examine the in-state business activity which, triggers the taxable event and the practical or economic effect of the tax on that interstate activity.” Id.

2015“The external consistency test asks whether the State has taxed only that-portion of the revenues from the interstate activity which reasonably reflects the in-state component of the activity being taxed.” Id. at 262 , 109 S.Ct. at 589 . ‘We thus examine the in-state business activity which, triggers the taxable event and the practical or economic effect of the tax on that interstate activity.” Id.

52003–2015

Where else courts name it

PA 8 (1999–2023) WA 7 (1999–2020) OH 6 (1994–2019) TX 5 (2003–2015) AL 4 (1993–2011) NJ 4 (2007–2011) OR 3 (2024–2025) IL 3 (2009–2010) NY 3 (1993–2023) ME 3 (1991–2017) WY 3 (1989–2014) FL 3 (1991–2000) VA 2 (1996–2019) AK 2 (2013–2013) AZ 2 (2002–2010) CO 2 (1999–1999) MN 2 (1989–2005) MS 2 (1995–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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