A Texas Court of Appeals held that the federal Anti-Head Tax Act (“AHTA”) preempts Texas from imposing its franchise tax on American Airlines’ revenues from baggage fees, passenger ticket sales, and freight transportation. The case presented an issue of first impression – whether the AHTA’s prohibition on state and local taxes imposed on the “gross receipts” from air commerce or transportation applies to the Texas franchise tax.
The Comptroller argued that the AHTA did not apply because the Texas franchise tax is levied on an entity’s taxable margin rather than on gross receipts. The court disagreed, holding that the relevant inquiry is whether the franchise tax is “imposed on or measured by” gross receipts from air transportation. Because American’s taxable margin was calculated, in part, using its gross transportation revenues, the court held that the tax was preempted by federal law.
Hancock v. Am. Airlines, Inc., No. 15-24-00113-CV (Tex. App. 2026).