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FORD MOTOR CO. v. DIRECTOR OF REVENUE

No. 257,2008.

963 A.2d 115 (2008)

FORD MOTOR COMPANY, Petitioner Below-Appellant, v. DIRECTOR OF REVENUE, Respondent Below-Appellee.

Supreme Court of Delaware.

Decided: December 8, 2008.

Reargument Denied January 13, 2009.

Attorney(s) appearing for the Case

Gordon W. Stewart, Esquire and Keith R. Sattesahn, Esquire of The Stewart Law Firm, Wilmington, DE; Of Counsel: Paul H. Frankel, Esquire (argued) and Irwin M. Slomka, Esquire of Morrison & Foerster, LLP of New York City, for appellant.

John S. McDaniel, Esquire (argued) of the Department of Justice, Wilmington, DE, for appellee.

Before BERGER, JACOBS, and RIDGELY, Justices.

RIDGELY, Justice:

Petitioner-Appellant Ford Motor Company ("Ford") appeals the judgment of the Superior Court affirming the determination by the Respondent-Appellee Director of Revenue (the "Director") that the Director may lawfully impose an unapportioned tax on Ford's receipts from sales of motor vehicles sold to independent dealerships located in Delaware.

Ford makes four arguments on appeal. First, it contends that the Superior Court erred in holding that...

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