Legal Opinion

Boston Stock Exchange v. State Tax Commission

New York Court of Appeals

Decided October 21, 1975PublishedCited by 3 opinions

1Opinion of the CourtWachtler, J.

Since the turn of the century this State has levied a stock transfer tax (Tax Law, § 270). Recently the law was amended to reduce the tax on sales by nonresidents and to fix a maximum tax on all bulk sales within the State (Tax Law, § 270-a). The appellants, all of whom are stock exchanges located outside New York, seek a judgment declaring section 270-a unconstitutional on the grounds that it denies them equal protection of the laws, and discriminates against interstate commerce in violation of the commerce clause (US Const art I, § 8).1

*539At Special Term the defendant tax commission…

2Cases cited18 opinions

  1. Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
  2. Lehnhausen v. Lake Shore Auto Parts Co.Supreme Court of the United States · 1973
  3. Allied Stores of Ohio, Inc. v. BowersSupreme Court of the United States · 1959
  4. Toomer v. WitsellSupreme Court of the United States · 1948
  5. Madden v. Kentucky Ex Rel. CommissionerSupreme Court of the United States · 1940

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3Cited by3 opinions

  1. Boston Stock Exchange v. State Tax CommissionSupreme Court of the United States · 1977
  2. United States v. Robert J. TaylorCourt of Appeals for the First Circuit · 1985
  3. Bredero Vast Goed, N. V. v. Tax CommissionNew York Supreme Court · 1988

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