Comptroller V. Wynne: Post-Oral Arguments Predictions and Analysis

In this exclusive Bloomberg BNA special report, an expert panel makes predictions and analyzes policy implications
about the high court oral arguments in Comptroller v. Wynne

Within an hour after the U.S. Supreme Court heard oral arguments in Comptroller v. Wynne, leading experts on both the government and taxpayer side of the issue convened for a panel discussion hosted by the Council On State Taxation (COST), Bloomberg BNA and Jones Day. They discussed the issues before the court, surprises at oral argument and predicted outcomes. The panelists were Anthony Dick (Jone Day), Bruce Fort (MTC), Karl Frieden (COST), Joe Henchman (Tax Foundation), Fred Nicely (COST) and Charolette
Noel (Jones Day).

Topics covered by the group included:

  • background and synopsis of the issues before the court and oral argument
  • predicted outcomes and discussion of the implications of a victory for the taxpayer versus a victory for
    the state
  • implications of a taxpayer win on state tax credit system
  • the potential impact this decision will have on the dormant commerce clause
  • codification of the Complete Auto internal consistency test
  • discussion of the most surprising issues covered during oral argument

Also included in the report are two in-depth Expert Insight articles.  In the first, Steven N.J. Wlodychak with Ernst & Young LLP's Indirect (State and Local) Tax Practice examines how the high court's focus on the word "tariff" could have implications for state income taxes. In the second, Alexandra E. Sampson with Reed Smith LLP in Washington, D.C. explains why the impact of the case could extend beyond individuals and pass-through entities and reach corporate multistate businesses.

The edited transcripts that follow show the participants’ candid views on these and other topics. Citations and
summaries of the cases and other developments referred to by the participants during their discussions have been
added as additional background to aid further research on the topic. Each section is introduced by a brief summary
of the developments discussed. The U.S. Supreme Court Oral Argument Transcript was provided by the Alderson
Reporting Company. It is presented in its original format and has not been edited.

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