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
Reading & Literacy Webinar
(Re)Focus on Dyslexia: Moving Beyond Diagnosis & Toward Transformation
Move beyond dyslexia diagnoses & focus on effective literacy instruction for ALL students. Join us to learn research-based strategies that benefit learners in PreK-8.
Content provided by EPS Learning
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
Teaching Webinar
Cohesive Instruction, Connected Schools: Scale Excellence District-Wide with the Right Technology
Ensure all students receive high-quality instruction with a cohesive educational framework. Learn how to empower teachers and leverage technology.
Content provided by Instructure
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
School Climate & Safety Webinar
How to Use Data to Combat Bullying and Enhance School Safety
Join our webinar to learn how data can help identify bullying, implement effective interventions, & foster student well-being.
Content provided by Panorama Education

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 Biden Administration Asks Supreme Court to Spare Huge E-Rate Funding Source
A lower court ruling has jeopardized more than $2 billion in annual funding for internet connectivity for schools and libraries.
3 min read
FILE - The Supreme Court is seen under stormy skies in Washington, June 20, 2019. In the coming days, the Supreme Court will confront a perfect storm mostly of its own making, a trio of decisions stemming directly from the Jan. 6, 2021 attack on the U.S. Capitol. (AP Photo/J. Scott Applewhite, File)
The Biden administration has asked the U.S. Supreme Court—shown here in June 2019—to reinstate a funding mechanism that distributes $2 billion annually for the E-rate program that supports internet connectivity in schools and libraries. A federal appeals court ruled that the mechanism was unconstitutional in July.
J. Scott Applewhite/AP
Law & Courts Court Revives Asian-American Groups' Challenge to New York City Selective Admissions
New York's program has sought to increase representation of Black and Latino students in its selective high schools.
5 min read
Image of a gavel
iStock/Getty
Law & Courts The New Title IX Regulation and Legal Battles Over It, Explained
The Biden administration's regulation that interprets Title IX to protect LGBTQ+ students faces multiple legal challenges.
5 min read
Claudia Carranza, of Harlingen, hugs her son, Laur Kaufman, 13, at a rally against House Bill 25, a bill that would ban transgender girls from participating in girls school sports, outside the Capitol in Austin, Texas, on Wednesday, Oct. 6, 2021.
Claudia Carranza, of Harlingen, Texas, hugs her son, Laur Kaufman, 13, at a rally for transgender rights in Austin on Oct. 6, 2021. The U.S. Department of Education's new Title IX regulation, which adds gender identity and sexual orientation to the definition of sex discrimination, has been challenged in multiple lawsuits and blocked in 26 states and at individual schools in other states.
Jay Janner/Austin American-Statesman via AP
Law & Courts Court Upholds Injunction on Arizona Transgender Sports Ban for Young Athletes
A federal appeals court upholds an injunction against an Arizona law, allowing two transgender girls to compete on female teams.
3 min read
Arizona State Superintendent of Public Instruction Tom Horne, left, a Republican, takes the ceremonial oath of office from Arizona Supreme Court Chief Justice Robert Brutinel, right, as wife Carmen Horne, middle, holds the bible in the public inauguration ceremony at the state Capitol in Phoenix, Thursday, Jan. 5, 2023.
Arizona schools chief Tom Horne, left, takes the ceremonial oath of office at the state Capitol in Phoenix in January 2023. The Republican is the lead defendant in a lawsuit filed by two transgender girls challenging the Save Women's Sports Act, which bars transgender women and girls from female sports.
Ross D. Franklin/AP