Legal Opinion

New York v. United States

Supreme Court of the United States

Decided January 28, 1946No. 5PublishedCited by 158 opinions

1Judgment of the CourtJustice Frankfurter, joined by Justice Rutledge

Section 615 (a) (5) of the 1932 Revenue Act, 47 Stat. 169, 264, imposed a tax on mineral waters.1 The United States brought this suit to recover taxes assessed against the State of New York on the sale of mineral waters taken *574from Saratoga Springs, New York.2 The State claims immunity from this tax on the ground that “in the bottling and sale of the said waters the defendant State of New York was engaged in the exercise of a usual, traditional and essential governmental function.” The claim was rejected by the District Court and judgment went for the United States. 48 F. Supp. 15. The…

2Cases cited28 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
  4. Anderson v. DunnSupreme Court of the United States · 1821
  5. Metcalf & Eddy v. MitchellSupreme Court of the United States · 1926

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3Cited by158 opinions

  1. Harmelin v. MichiganSupreme Court of the United States · 1991
  2. Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
  3. New York v. United StatesSupreme Court of the United States · 1992
  4. National League of Cities v. UserySupreme Court of the United States · 1976
  5. Republic of Argentina v. Weltover, Inc.Supreme Court of the United States · 1992

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