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Schwab v. Richardson, 263 U.S. 88 (1923)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Schwab v. Richardson, 263 U.S. 88 (1923)
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Schwab v. Richardson No. 81 Submitted October 15, 1923 Decided November 12, 1923 263 U.S. 88
ERROR TO THE SUPREME COURT
OF THE STATES OF CALIFORNIA
Syllabus
1. A state may tax the franchise of a corporation of its own creation upon a valuation arrived at by deducting from the actual or market value of its capital stock the value of its tangible property within and without the state, by assigning, as the assessable and taxable value within the state, such part of this difference as is proportional to the business of the corporation transacted there compared with its outside business, and by levying the tax upon a percentage of this taxable value. P. 91.
2. A tax so assessed, not excessive in amount, on a corporation largely engaged in interstate and foreign commerce held not objectionable as depriving the corporation of property without due process of law or as regulating or burdening such commerce. Id.
188 Cal. 27 affirmed.
Error to a judgment of the Supreme Court of California which affirmed a judgment given on the pleadings against the plaintiff in error in his suit to recover a tax paid under protest.
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Chicago:
U.S. Supreme Court, "Syllabus," Schwab v. Richardson, 263 U.S. 88 (1923) in 263 U.S. 88 263 U.S. 89. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=ZGHXKQHB8NSYVLE.
MLA:
U.S. Supreme Court. "Syllabus." Schwab v. Richardson, 263 U.S. 88 (1923), in 263 U.S. 88, page 263 U.S. 89. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=ZGHXKQHB8NSYVLE.
Harvard:
U.S. Supreme Court, 'Syllabus' in Schwab v. Richardson, 263 U.S. 88 (1923). cited in 1923, 263 U.S. 88, pp.263 U.S. 89. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=ZGHXKQHB8NSYVLE.
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