Legal Opinion

Cooper Stevedoring Co. v. Secretary Department of Revenue & Taxation

Louisiana Court of Appeal

Decided December 19, 1989No. CA 88 1826PublishedCited by 9 opinions

1Opinion of the Court

LeBLANC, Judge.

The issue presented on appeal is whether vessels which operate completely within Louisiana waters providing stevedoring services to vessels engaged in either interstate or foreign commerce, are themselves considered to be engaged in interstate or foreign commerce so as to qualify for the sales tax exemption provided by La.R.S. 47:305.1 B. We conclude such vessels are operating in interstate or foreign commerce as contemplated in this provision and reverse the trial court judgment finding Cooper Stevedoring Company, Inc. (Cooper) was not entitled to the benefit of this exemption.

2Cases cited8 opinions

  1. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  2. The Daniel BallSupreme Court of the United States · 1871
  3. Department of Revenue v. Ass'n of Washington Stevedoring CompaniesSupreme Court of the United States · 1978
  4. Puget Sound Stevedoring Co. v. State Tax CommissionSupreme Court of the United States · 1937
  5. Joseph v. Carter & Weekes Stevedoring Co.Supreme Court of the United States · 1947

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3Cited by9 opinions

  1. Archer Daniels Midland Co. v. PARISH SCHOOL BD.Supreme Court of Louisiana · 2001
  2. Mallard Bay Drilling, Inc. v. KennedyLouisiana Court of Appeal · 2004
  3. Archer Daniels Midland Co. v. Parish School Board of the Parish of St. CharlesLouisiana Court of Appeal · 2000
  4. Mallard Bay Drilling, Inc. v. John Neely Kennedy, SEC. of Dept. of Revenue & TaxationLouisiana Court of Appeal · 2004
  5. Opinion Number, Louisiana Attorney General Reports1997

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