Legal Opinion

Montana Bankers Ass'n v. Montana Department of Revenue

Montana Supreme Court

Decided June 9, 1978No. 13777PublishedCited by 20 opinions

1Opinion of the CourtChief Justice Haswell

The Montana Department of Revenue (DOR) appeals from the judgment of the District Court, Lewis and Clark County, granting summary judgment and declaratory relief to the Montana Bankers Association (MBA), various member banks, and an individual shareholder. The substance of the judgment held that stocks, bonds, treasury notes and other obligations of the United States held by Montana bánks were exempt from taxation under the “Montana Bank Shares Tax Act”, and implementing provisions of the Montana Administrative Code.

The procedural history of this case commenced on May 3, 1976, when MBA…

2Cases cited5 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. National Bank v. CommonwealthSupreme Court of the United States · 1870
  3. Van Allen v. AssessorsSupreme Court of the United States · 1866
  4. Des Moines National Bank v. FairweatherSupreme Court of the United States · 1923
  5. Society for Sav. in Cleveland v. BowersSupreme Court of the United States · 1955

3Cited by20 opinions

  1. American Bank & Trust Co. v. Dallas CountySupreme Court of the United States · 1983
  2. Dempsey v. Allstate Insurance Co.Montana Supreme Court · 2004
  3. Bank of Texas v. ChildsCourt of Appeals of Texas · 1981
  4. Schwinden v. Burlington Northern, Inc.Montana Supreme Court · 1984
  5. Montana Stockgrowers Ass'n v. State, Department of RevenueMontana Supreme Court · 1989

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