Legal Opinion · Concurrence

Van Cott v. State Tax Commission

Utah Supreme Court

Decided December 28, 1939No. 5902Published

1ConcurrenceMoffat, Chief Justice

I find some difficulty in concurring in the prevailing opinion, not so much from the result reached but because of the reasons given and the omission of matters that should be decided. The opinion leaves principles hanging in the air.

We need not restate the facts. They are stated in the opinion of this court: Van Cott v. State Tax Commission of Utah et al., decided May 6, 1938, 95 Utah 43, 79 P. 2d 6. From the decision there rendered the State Tax Commission appealed to the Supreme Court of the United States contending that this court was in error when it held upon constitutional grounds that…

2Cases cited4 opinions

  1. Graves v. New York Ex Rel. O'KeefeSupreme Court of the United States · 1939
  2. State Tax Commission v. Van CottSupreme Court of the United States · 1939
  3. New York Ex Rel. Rogers v. GravesSupreme Court of the United States · 1937
  4. Van Cott v. State Tax CommissionUtah Supreme Court · 1938

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