and business;[679] also by
the net income justly attributable to business done within the State
although a part of this was derived from foreign or interstate
commerce;[680] also by such proportion of the company's outstanding
capital stock, surplus and undivided profits, plus its long-term
obligations, as the gross receipts of its local business bear to its
total gross receipts from its entire business;[681] also by such
proportion of the company's total capital stock as the value of its
property in the taxing State and of the business done there bears to the
total value of its property and of its business.[682] On the other hand,
a "franchise" tax on the unapportioned gross receipts of railroad
companies engaged in interstate commerce, was, as we saw above, held
void;[683] as was also one which was measured by assigning to the
company's property in the State the same proportion of the total value
of its stocks and bonds as its mileage in the State bore to its total
mileage, no account being taken of the greater cost of construction of
the company's lines in other States or of its valuable terminals
elsewhere.[684] Other examples were given earlier.[685]

GROSS RECEIPTS TAXES, CLASSES OF

The late Justice Rutledge classified gross receipts taxes which have
been sustained by the Court as follows: (a) those which were judged to
be fairly apportioned;[686] (b) those which were justified on a "local
incidence" theory, or the burden of which on interstate commerce was
held to be "remote";[687] (c) those which were justified as not inviting
the danger of multiple taxation of interstate commerce.[688] Gross
receipts taxes which, on the other hand, have been invalidated under
the commerce clause he placed in the following groups: (a) those which
were held not to be fairly apportioned;[689] (b) those which were not
apportioned at all and were bound to subject interstate commerce to the
risk of multiple taxation;[690] (c) those in which a discriminatory
element was detected in that they were directed exclusively at
transportation or communication;[691] (d) those in which there was no
discrimination but a possible multiple burden;[692] and, of course, any
tax which it disallows the Court is always free to stigmatize as an
unconstitutional attempt to tax or license the interstate commerce
privilege.[693]

"MULTIPLE TAXATION" TEST

That the Depression--allowing for the customary judicial lag--greatly
altered the Court's c