Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 4, Problem 14CP
Summary Introduction
To discuss: Whether the given situation is a violation under the clause of commerce.
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Regency transportation, Inc., operates a freight business throughout the eastern United States. Regency maintains its corporate headquarters and other facilities in Massachusetts. The vehicles in Regency's fleet were bought in other states. Massachusetts imposes various taxes on all taxpayers subject to its jurisdiction, including those that, like Regency, do business in interstate commerce. When Massachusetts imposed a tax on purchase price of each vehicle in Regency's fleet, the trucking firm challenged the assessment as discriminatory under the commerce clause. What is the chief consideration under the commerce clause when a state law affects interstate commerce? Is Massachusetts's tax valid? Explain.
The Commerce Clause. Regency Transportation, Inc., operates a freight business throughout the eastern United States. Regency maintains its corporate headquarters, four warehouses, and a maintenance facility and terminal location for repairing and storing vehicles in Massachusetts. All of the vehicles in Regency’s fleet were bought in other states. Massachusetts imposes a use tax on all taxpayers subject to its jurisdiction, including those that do business in interstate commerce, as Regency does. When Massachusetts imposed the tax on the purchase price of each tractor and trailer in Regency’s fleet, the trucking firm challenged the assessment as discriminatory under the commerce clause. What is the chief consideration under the commerce clause when a state law affects interstate commerce? Is Massachusetts’s use tax valid? Explain
In January 2016 Ben Sisko bought a “Quark's Burgers” franchise in Montana. Quark's Burgers has over 100 franchisees, and its franchise agreement states that all franchisees must offer menu items as directed by Quark's Burgers, and that the failure to do so could result in the immediate termination of the franchise. Ben bought the franchise because he was a vegetarian, and its menu was free of meat products. In addition, Ben's religion forbids the eating of any meat products.
Ben's franchise was very successful, and every year he received an award from Quark's Burgers for being one of the top 10% of its franchisees.
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In January 2020 Ben opened a second franchise, at which he also refused to sell products with meat products. Ben's franchises…
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Smith and Roberson’s Business Law
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