Ala. Revenue Dept. To Ask 11th Circ. To Restore Rail Fuel Tax

Law360 (May 7, 2021, 7:25 PM EDT) -- Alabama's Department of Revenue and certain local governments in the state will ask the Eleventh Circuit to reverse a ruling barring Alabama from imposing a fuel tax on six railroad companies while exempting water carriers.

The city of Irondale filed a notice Thursday saying it and other defendants in consolidated cases will appeal U.S. District Judge Madeline Hughes Haikala's ruling that Alabama can't impose sales tax on diesel fuel that the rail carriers used for interstate commerce. Judge Haikala, of the U.S. District Court for the Northern District of Alabama, said the tax discriminated against the rail companies for as long...

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