Legal Opinion

Maine v. DeVORE

District Court, D. Maine

Decided May 13, 2004No. CV-04-50-B-WPublished

1Opinion of the Court

ORDER

WOODCOCK, District Judge.

On March 23, 2004, the State of Maine (State) filed a Complaint in Kennebec County Superior Court against John W. DeVore (DeVore), a Florida resident, to collect delinquent Maine income tax; De-Vore subsequently removed the case to this Court. The State filed a Motion to Remand on the grounds that this Court does not have jurisdiction over state tax law cases pursuant to the Tax Injunction Act (TIA). 28 U.S.C. § 1341. Because the State’s assessment is a tax for revenue raising purposes and because the State provides adequate remedies to challenge such an…

2Cases cited12 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  3. Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981
  4. U. S. Term Limits, Inc. v. ThorntonSupreme Court of the United States · 1995
  5. Dows v. City of ChicagoSupreme Court of the United States · 1871

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