The Newark Morning Ledger Co. v. United States case in 1992 revolved around the issue of tax deductions for intangible assets, specifically concerning the value of paid subscribers to a newspaper company that was purchased by another entity (Newark Morning Ledger). The Supreme Court ruled in favor of Newark Morning Ledger, stating that if an intangible asset like a subscriber list can be shown to have a determinable value and lifespan, it should be considered as depreciable under federal income tax law. This decision overturned previous rulings from lower courts which had sided with the Internal Revenue Service's argument that such assets were too indeterminate to qualify for depreciation.

In the dissenting opinion for Newark Morning Ledger Co. v. United States, Justice Scalia argued that the majority's decision to allow amortization of paid subscribers was inconsistent with previous tax law interpretations and could lead to further complications in future cases. He contended that allowing such deductions would essentially equate customers with depreciable assets, which he believed was a flawed comparison as customers are not owned by businesses and can choose at any time to discontinue their patronage. Furthermore, he expressed concern over how this ruling might be applied inconsistently in other industries or situations where customer relationships hold significant value but aren't necessarily quantifiable or guaranteed long-term.