Law & Courts

High Court Hears Alabama Tax Case With K-12 Angle

By Mark Walsh — November 15, 2010 1 min read
  • Save to favorites
  • Print

In a case with implications for Alabama public schools—and one that’s being closely watched in other states—the U.S. Supreme Court is weighing whether a railroad can challenge a state sales and use tax on diesel fuel that rail carriers must pay, while motor and water carriers are exempt.

Alabama education groups have filed a friend-of-the-court brief on the side of the state, arguing that the tax on railroads is critical because it helps finance the state’s Education Trust Fund.

“The amount of [railroad tax] refund claims that could be resurrected by this case is potentially devastating to Alabama’s public schools,” says the brief filed by the Alabama Education Association, the Alabama Association of School Boards, and other groups.

In CSX Transportation Inc. v. Alabama Department of Revenue (Case No. 09-520), which was argued before the high court Nov. 10, the Jacksonville, Fla.-based railroad is seeking to challenge the state’s exemptions for motor and water carriers under a 1976 federal law called the Railroad Revitalization and Regulatory Reform Act, or 4-R Act.

Congress found that railroads were often subject to disparate state and local tax treatment because they were nonvoting, nonresidential businesses that couldn’t easily pick up and leave a state. The law prohibits tax discrimination against railroads, particularly on property taxes, but also includes a catch-all provision that bars states from “imposing another tax that discriminates against a rail carrier.”

CSX paid some $3 million to $4 million in sales and use tax on diesel fuel to Alabama before winning an injunction in 2008 that has barred the taxes. The school groups estimate that all railroads operating in the state pay about $20 million per year in such taxes, but several are seeking to invalidate the tax and win refunds.

The education groups say that a ruling for the railroad could end funding for 250 teachers or 1,400 support workers.

Nineteen states filed a joint friend-of-the-court brief on Alabama’s side, saying that a ruling for CSX could lead many other rail carriers to challenge sales and use taxes wherever some taxpayers benefit from exemptions.

A decision in the case is expected by June.

Related Tags:

A version of this article appeared in the November 17, 2010 edition of Education Week as Alabama Tax Case Has K-12 Wrinkle

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bringing Dyslexia Screening into the Future
Explore the latest research shaping dyslexia screening and learn how schools can identify and support students more effectively.
Content provided by Renaissance
Artificial Intelligence K-12 Essentials Forum How Schools Are Navigating AI Advances
Join this free virtual event to learn how schools are striking a balance between using AI and avoiding its potentially harmful effects.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
A Blueprint for Structured Literacy: Building a Shared Vision for Classroom Success—Presented by the International Dyslexia Association
Leading experts and educators come together for a dynamic discussion on how to make Structured Literacy a reality in every classroom.
Content provided by Wilson Language Training

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts A Former Teacher Shot by Student, 6, Wins $10M Jury Verdict Against Ex-Assistant Principal
The former teacher accused an ex-administrator of ignoring repeated warnings that the child had a gun.
2 min read
Abby Zwerner shares a moment with her mother Julie Zwerner after a verdict was reached in her lawsuit against the assistant principal, Ebony Parker, of Richneck Elementary School during proceedings at Newport News Circuit Court in Newport News, Va. on Thursday, Nov. 6, 2025.
Abby Zwerner shares a moment with her mother Julie Zwerner after a verdict was reached in her lawsuit against the assistant principal, Ebony Parker, of Richneck Elementary School during proceedings at Newport News Circuit Court in Newport News, Va. on Thursday, Nov. 6, 2025.
Kendall Warner/The Virginian-Pilot via AP
Law & Courts Educational Toymakers Sued Over Trump Tariffs. How Is the Supreme Court Leaning?
Most justices appeared skeptical of President Trump's tariff policies, challenged by two educational toymakers.
3 min read
People arrive to attend oral arguments at the Supreme Court on Wednesday, Nov. 5, 2025, in Washington.
People arrive to attend oral arguments at the U.S. Supreme Court on Wednesday, Nov. 5, 2025, in Washington. The court heard arguments in a major case on President Donald Trump's tariff policies, which are being challenged by two educational toy companies.
AP Photo/Mark Schiefelbein
Law & Courts Court Rejects Discipline of Student Whose Post Mocked George Floyd's Death
An appeals court ruled that a student's off-campus social media post is constitutionally protected.
4 min read
Illustration of the arm of Statue of Liberty with various speech bubbles coming out of the top of her torch
DigitalVision Vectors
Law & Courts Appeals Court Heightens Stakes Over Ten Commandments School Laws
A full federal appeals court will review Texas and Louisiana laws requiring Ten Commandments displays in schools.
2 min read
A copy of the Ten Commandments hangs alongside other historical documents at the Georgia Capitol on June 20, 2024, in Atlanta. Similar displays in schools are now at the center of court battles in Texas and Louisiana.
A copy of the Ten Commandments hangs alongside other historical documents at the Georgia Capitol on June 20, 2024, in Atlanta. Similar displays in schools are now at the center of court battles in Texas and Louisiana.
John Bazemore/AP