CATERPILLAR, INC. v. C.I.R.

No. C6-97-27.

568 N.W.2d 695 (1997)

CATERPILLAR, INC., Relator, v. COMMISSIONER OF REVENUE, Respondent.

Supreme Court of Minnesota.

September 11, 1997.


Attorney(s) appearing for the Case

Sutherland, Asbill & Brennan, L.L.P., Jerome B. Libin, Mary E. Monahan, Washington, DC, Daniel J. Schlicksup, Caterpillar, Inc., Peoria, IL, Faegre & Benson, L.L.P., David R. Brennan, Minneapolis, for Relator.

Hubert H. Humphrey, III, Minnesota Attorney General, Thomas K. Overton, Assistant Attorney General, Tax Litigation Division, St. Paul, for Respondent.

Heard, considered, and decided by the court en banc.


OPINION

PAGE, Justice.

Relator Caterpillar Incorporated ("Caterpillar") raises a constitutional challenge to Minnesota's corporate excise taxation system, alleging that it facially discriminates against foreign commerce in violation of the Foreign Commerce Clause of the United States Constitution. This case arose when Caterpillar sought refunds for Minnesota corporate excise taxes paid on an apportioned share of interest and royalties received from its foreign...

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