Ohio Utility Tax Lawsuit Goes Forward
Natural gas retail suppliers and one customer sued Ohio's Tax Commissioner alleging that Ohio's tax scheme is discriminatory because local distribution companies benefit from certain tax exemptions and exclusions that the suppliers do not. The U.S. Court of Appeals for the Sixth Circuit recently held that general principles of comity and federalism did not bar the suit, reversing an earlier lower court decision dismissing the suit for lack of subject matter jurisdiction.
A copy of the decision can be found here.
