Summary

William J. Brennan, Jr.,  McKesson Corporation v. Division of Alcoholic Beverages and Tobacco Department of Business Regulation of Florida…

“ The question before us is whether prospective relief, by itself, exhausts the requirements of federal law. The answer is no: If a State places a taxpayer under duress promptly to pay a tax when due and relegates him to a postpayment refund action in which he can challenge the tax's legality, the Due Process Clause of the Fourteenth Amendment [14] obligates the State to provide meaningful backward-looking relief to rectify any unconstitutional deprivation. ”
Source: Wikisource

William J. Brennan, Jr.,  McKesson Corporation v. Division of Alcoholic Beverages and Tobacco Department of Business Regulation of Florida…

“ We repeatedly have recognized that determining whether a particular business cost has in fact been passed on to customers or suppliers entails a highly sophisticated theoretical and factual inquiry; a court certainly cannot withhold part of a refund otherwise required to rectify an unconstitutional deprivation without first satisfactorily engaging in this inquiry. [31]
In any event, however, we reject respondents' premise that "equitable considerations" justify a State's attempt to avoid bestowing this so-called "windfall" when redressing a tax that is unconstitutional because discriminatory.
”
Source: Wikisource

William J. Brennan, Jr.,  McKesson Corporation v. Division of Alcoholic Beverages and Tobacco Department of Business Regulation of Florida…

“ But even if a State chooses to provide partial refunds as a means of curing the unlawful discrimination (as opposed to increasing the tax assessment of those previously favored) , the State's interest in financial stability does not justify a refusal to provide relief. As noted earlier, see supra, at 46, the State here does not and cannot claim that the Florida courts' invalidation of the Liquor Tax was a surprise, and even after the trial court found a Commerce Clause violation the State failed to take reasonable precautions to reduce its ultimate exposure for the unconstitutional tax. ”
Source: Wikisource

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