Mike Stewart Edits Quotations

Businesses relying on those incentives may find them challenged, as in Cuno, by competitors or by departments of revenue unwilling to provide credits under statutes they deem unconstitutional. Either way, Tennessee businesses could potentially be deprived of the benefits provided by many longstanding incentive programs if the Cuno decision is not successfully challenged.

While the Sixth Circuit stopped short of declaring all tax incentives unconstitutional, its decision in Cuno, if permitted to stand, will call into question the constitutionality of numerous credits for jobs or investments which in many instances have figured heavily in corporate relocation and expansion decisions.