Oak Harbor Freight Lines, Inc. - Page 2




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          Background                                                                  
               This case was submitted fully stipulated under Rule 122.1              
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioner's principal              
          place of business and mailing address were at Auburn, Washington,           
          at the time the petition in this case was filed.                            
               Petitioner is a motor carrier incorporated in the State of             
          Washington and is engaged in the intrastate transportation of               
          goods throughout the Western United States.                                 
               In August 1994, Congress enacted the Federal Aviation                  
          Administration Authorization Act of 1994 (FAAAA), Pub. L. 103-              
          305, sec. 601, 108 Stat. 1569, 1606 (currently codified as 49               
          U.S.C. 11501(h)), which became effective on January 1, 1995.  At            
          the time of enactment, 41 jurisdictions regulated, in varying               
          degrees, intrastate prices, routes, and services of motor                   
          carriers.  Finding that the regulation of intrastate                        
          transportation of property by the States imposed an unreasonable            
          burden on interstate commerce, impeded the free flow of trade,              
          traffic, and transportation of interstate commerce, and placed an           
          unreasonable cost on the American consumers, Congress acted to              


               1All Rule references are to the Tax Court Rules of Practice            
          and Procedure, and all section references are to the Internal               
          Revenue Code in effect for the taxable year at issue, unless                
          otherwise indicated.  All dollar amounts are rounded to the                 
          nearest dollar.                                                             




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