September 3, 2008
Texas Supreme Court Declines to Rehear Insurance Tax Case
by Joseph Henchman
On Friday, the Texas Supreme Court denied rehearing in the First American Title Ins. Co. case. The Tax Foundation had filed a friend-of-the-court brief supporting the petition for rehearing, following a 5-4 decision by the court to uphold a decision by the state Comptroller to increase taxes on out-of-state insurance companies, disrupting the interstate retaliatory tax system in place for the last two decades.
The arguments in our brief will most certainly come up again when other states begin to follow Texas's move of discriminating against out-of-state companies.
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