Department of Revenue of Ore. v. ACF Industries, Inc.

114 S. Ct. 843, 7 Fla. L. Weekly Fed. S 729, 127 L. Ed. 2d 165, 510 U.S. 332, 94 Cal. Daily Op. Serv. 467, 73 A.F.T.R.2d (RIA) 460, 1994 U.S. LEXIS 1141, 62 U.S.L.W. 4097, 94 Daily Journal DAR 847
CourtSupreme Court of the United States
DecidedJanuary 24, 1994
Docket92-74
StatusPublished
Cited by312 cases

This text of 114 S. Ct. 843 (Department of Revenue of Ore. v. ACF Industries, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Revenue of Ore. v. ACF Industries, Inc., 114 S. Ct. 843, 7 Fla. L. Weekly Fed. S 729, 127 L. Ed. 2d 165, 510 U.S. 332, 94 Cal. Daily Op. Serv. 467, 73 A.F.T.R.2d (RIA) 460, 1994 U.S. LEXIS 1141, 62 U.S.L.W. 4097, 94 Daily Journal DAR 847 (U.S. 1994).

Opinions

Justice Kennedy

delivered the opinion of the Court.

The power of state and local governments to impose ad valorem property taxes upon railroads and other interstate [335]*335carriers has been the source of recurrent litigation under the Commerce Clause and the Due Process Clause. See, e.g., Central R. Co. of Pa. v. Pennsylvania, 370 U. S. 607 (1962); Braniff Airways, Inc. v. Nebraska Bd. of Equalization and Assessment, 347 U. S. 590 (1954); Morgan v. Parham, 16 Wall. 471 (1873). In the case before us, a state property tax is challenged under a federal statute, the Railroad Revitalization and Regulatory Reform Act of 1976 (4-R Act). Pub. L. 94-210, 90 Stat. 31.

The question presented is whether the State of Oregon violated the statute by imposing an ad valorem tax upon railroad property while exempting various other, but not all, classes of commercial and industrial property. We hold that a State may grant exemptions from a generally applicable ad valorem property tax without subjecting the taxation of railroad property to challenge under the relevant provision of the 4-R Act, §306(l)(d), 49 U. S. C. § 11503(b)(4).

I

Oregon imposes an ad valorem tax upon all real and personal property within its jurisdiction, except property granted an express exemption. Ore. Rev. Stat. §307.030 (1991). Various classes of business personal property are exempt, including agricultural machinery and equipment; nonfarm business inventories; livestock; poultry; bees; fur-bearing animals; and agricultural products in the possession of farmers. §§307.325,307.400. Standing timber is also exempt, but is subject to a severance tax when harvested. §321.272. Oregon, like many other States, exempts motor vehicles as well, instead levying upon them a modest annual registration fee. §§ 803.585, 803.420(1).

Respondents, called the “Carlines” in this litigation, are eight companies that lease railroad cars to railroads and shippers. The railroad cars are considered “tangible personal property” under Oregon law, §307.030, and are not exempt from taxation. The Carlines brought suit in United States District Court under §306(l)(d) of the 4-R Act, seeking de[336]*336claratory and injunctive relief against the assessment, levy, and collection of the State’s property tax upon their railroad cars..

Congress enacted the 4-R Act in part to “restore the financial stability of the railway system of the United States.” § 101(a), 90 Stat. 33. When drafting the legislation, Congress was aware that the railroads “ ‘are easy prey for State and local tax assessors’ in that they are ‘nonvoting, often nonresident, targets for local taxation,’ who cannot easily remove themselves from the locality.” Western Air Lines, Inc. v. Board of Equalization of S. D., 480 U. S. 123, 131 (1987) (quoting S. Rep. No. 91-630, p. 3 (1969)). Section 306 of the 4-R Act, now codified at 49 U. S. C. § 11503, addresses this concern by prohibiting the States (and their subdivisions) from enacting certain taxation schemes that discriminate against railroads. See Burlington Northern R. Co. v. Oklahoma Tax Comm’n, 481 U. S. 454, 457 (1987).

The relevant provisions of § 11503 are contained in subsection (b), which states:

“The following acts unreasonably burden and discriminate against interstate commerce, and a State, subdivision of a State, or authority acting for a State or subdivision of a State may not do any of them:
“(1) assess rail transportation property at a value that has a higher ratio to the true market value of the rail transportation property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property.
“(2) levy or collect a tax on an assessment that may not be made under clause (1) of this subsection.
“(3) levy or collect an ad valorem property tax on rail transportation property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction.
[337]*337“(4) impose another tax that discriminates against a rail carrier providing transportation ...

The reach of subsections (b)(l)-(3) is straightforward: These provisions forbid the imposition of higher assessment ratios or tax rates upon rail transportation property than upon “other commercial and industrial property.” The scope of subsection (b)(4), which forbids the imposition of “another tax that discriminates against a rail carrier providing transportation,” is not as clear.

The Carlines do not challenge Oregon’s ad valorem property tax under subsections (b)(l)-(3). We attribute this choice to the fact that the State subjects all nonexempt property “to assessment and taxation in equal and ratable proportion.” Ore. Rev. Stat. §307.030 (1991). Rather, it is the Carlines’ contention that Oregon’s tax should be considered “another tax that discriminates against a rail carrier,” in violation of subsection (b)(4), because it exempts certain classes of commercial and industrial property while taxing railroad cars in full.

The District Court, after reviewing a stipulated record, held that discriminatory property tax exemptions are subject to challenge under subsection (b)(4). On the facts presented, however, the court determined that Oregon’s ad valorem property tax complied with the provision. The court observed that, in other cases, only those state taxes exempting more than 50% of nonrailroad commercial personal property had been found to contravene subsection (b)(4). See Trailer Train Co. v. Leuenberger, 885 F. 2d 415 (CA8 1988), cert. denied, 490 U. S. 1066 (1989); Burlington Northern R. Co. v. Bair, 766 F. 2d 1222 (CA8 1985). Because (according to the court’s calculations) Oregon exempted only 31.4% of nonrailroad commercial personal property from taxation, the court granted judgment to the State.

The Court of Appeals reversed. 961 F. 2d 813 (CA9 1992). In accordance with Circuit precedent, see ACF Industries, Inc. v. Arizona, 714 F. 2d 93, 94 (CA9 1983), the court ac[338]*338knowledged that subsections (b)(1) — (3) do not speak to the question of discriminatory property tax exemptions. Like the District Court, however, the Court of Appeals accepted the Carlines’ contention that property tax exemptions are subject to challenge under subsection (b)(4). The court explained that Congress enacted § 11503 to “ ‘prevent tax discrimination against railroads in any form whatsoever.’” 961 F. 2d, at 820 (emphasis in original) (citing Ogilvie v. State Bd. of Equalization of N. D., 657 F. 2d 204, 210 (CA8), cert.

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Bluebook (online)
114 S. Ct. 843, 7 Fla. L. Weekly Fed. S 729, 127 L. Ed. 2d 165, 510 U.S. 332, 94 Cal. Daily Op. Serv. 467, 73 A.F.T.R.2d (RIA) 460, 1994 U.S. LEXIS 1141, 62 U.S.L.W. 4097, 94 Daily Journal DAR 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-revenue-of-ore-v-acf-industries-inc-scotus-1994.