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International Business Machines Corp. v. Michigan Department of Treasury

Certiorari Denied

Petition for certiorari denied on May 22, 2017.

Docket No.16-698

Issue

(1) Whether a state, without violating the constitutional bar against the impairment of contracts, can retroactively withdraw from the Multistate Tax Compact so as to divest taxpayers of benefits under that compact for a period of 6 1/2 years before that withdrawal; and (2) whether, consistent with due process, a state can, by statute, change its tax laws retroactively for a period of more than six years, when the change was not promptly instituted and when the change was designed to increase state tax revenues by overriding a Michigan Supreme Court decision determining taxpayer obligations under prior law.

Proceedings & orders timeline

Sep 12, 2016
Application (16A263) to extend the time to file a petition for a writ of certiorari from September 22, 2016 to November 21, 2016, submitted to Justice Kagan.
Sep 13, 2016
Application (16A263) granted by Justice Kagan extending the time to file until November 21, 2016.
Nov 18, 2016
Petition for a writ of certiorari filed. (Response due December 27, 2016)
Nov 28, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Nov 29, 2016
Consent to the filing of amicus curiae briefs, support of either party or of neither party, received from counsel for respondent.
Dec 21, 2016
Waiver of right of respondent Michigan Department of Treasury to respond filed.
Dec 22, 2016
Brief amicus curiae of Tax Executives Institute, Inc. filed. VIDED.
Dec 22, 2016
Brief amicus curiae of The American College of Tax Counsel filed. VIDED.
Dec 23, 2016
Brief amici curiae of The National Association of Manufacturers, et al. filed. VIDED.
Dec 23, 2016
Brief amicus curiae of Council on State Taxation filed. VIDED.
Jan 3, 2017
DISTRIBUTED for Conference of January 19, 2017.
Jan 10, 2017
Response Requested . (Due February 9, 2017)
Feb 1, 2017
Order extending time to file response to petition to and including March 13, 2017.
Mar 13, 2017
Brief of respondent Michigan Department of Treasury in opposition filed. VIDED.
Mar 24, 2017
Reply of petitioners Gillette Commercial Operations North America and Subsidiaries, et al. filed.
Mar 28, 2017
DISTRIBUTED for Conference of April 13, 2017.
Apr 17, 2017
DISTRIBUTED for Conference of April 21, 2017.
Apr 24, 2017
DISTRIBUTED for Conference of April 28, 2017.
May 8, 2017
DISTRIBUTED for Conference of May 11, 2017.
May 15, 2017
DISTRIBUTED for Conference of May 18, 2017.
May 22, 2017
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.

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