This Note examines the historical background and nature of the operating rights acquired by the trucking companies, with emphasis on those rights issued to a common carrier by the ICC and represented by a certificate of public convenience and necessity(certificate). The Note then examines and analyzes the tax law and the judicial response to attempts by taxpayers to deduct from gross income the loss of a monopolistic right. Finally, the Note explores alternate theories for compensating trucking companies for their losses and concludes with a recommendation of the most equitable method of compensation.
Mary H. Leech,
Motor Carrier Act of 1980: Toward Compensating Trucking Companies for the Loss of the Monopolistic Value of Their Operating Rights,
34 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol34/iss2/5