US Supreme Court Turns Away Appeals From Dell, Energizer
March 23 2009 - 11:04AM
Dow Jones News
The U.S. Supreme Court has declined to intervene in a tax
dispute between a unit of Dell Inc. (DELL) and New Mexico tax
authorities.
Dell has been fighting a determination by New Mexico that the
computer company is subject to the state's gross receipts tax
because of its use of a third-party computer repair company in the
state. Interstate commerce components of the U.S. Constitution
generally limit the ability of states to tax companies that don't
have a physical presence within their boundaries.
Dell, a computer maker that relies heavily on mail order sales,
argued in its appeal that New Mexico courts wrongly found the
company's use of third-party contractors gives the state the right
to levy taxes against the computer maker.
The case is Dell Marketing L.P. v. New Mexico Taxation and
Revenue Department, 08-770.
In other Supreme Court action:
- The justices ended a patent complaint Energizer Holdings Inc.
(ENR) filed with the International Trade Commission in 2003 against
several companies it claimed were importing batteries that violated
its patent relating to a key technology for zero-mercury batteries.
Energizer's appeal came after the Washington-based Federal U.S.
Circuit Court of Appeals, a special patent court, ruled against it.
The case is Energizer Holdings Inc. v. U.S. International Trade
Commission, 08-583.
-By Mark H. Anderson, Dow Jones Newswires; 202-862-9254;
mark.anderson@dowjones.com