Ala. Urges High Court Intervention In Railroad Sales Tax Row

Law360, New York (November 8, 2013, 6:52 PM EST) -- Alabama's attorney general asked the U.S. Supreme Court to squash an Eleventh Circuit ruling saying the state's 4 percent diesel fuel tax discriminates against rail carriers because it isn't levied against motor and water carriers, arguing the circuit court's comparisons were too constricted.

Alabama said the Eleventh Circuit should have followed three other circuits and compared the railroads against all other commercial and industrial taxpayers who are subject to the tax instead of limiting the comparison to the railroad's competitors in order to determine whether the...
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