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ASARCO INC. v. IDAHO STATE TAX COMM'N

No. 80-2015.

458 U.S. 307 (1982)

102 S.Ct. 3103

73 L.Ed.2d 787

ASARCO INC. v. IDAHO STATE TAX COMMISSION

Supreme Court of United States.

Decided June 29, 1982.

Attorney(s) appearing for the Case

George W. Beatty argued the cause for appellant. With him on the briefs were C. Rudolf Peterson, William L. Goldman, James A. Riedy, Philip E. Peterson, and Alexander J. Gillespie, Jr.

Theodore V. Spangler, Jr., Deputy Attorney General of Idaho, argued the cause for appellee. With him on the brief was David H. Leroy, Attorney General.*

JUSTICE POWELL delivered the opinion of the Court.

The question is whether the State of Idaho constitutionally may include within the taxable income of a nondomiciliary parent corporation doing some business in Idaho a portion of intangible income—such as dividend and interest payments, as well as capital gains from the sale of stock—that the parent receives from subsidiary corporations having no other connection...

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