Legal Opinion

Aloha Airlines, Inc. v. Director of Taxation of Hawaii

Supreme Court of the United States

Decided November 1, 1983No. 82-585PublishedCited by 98 opinions

1Opinion of the CourtJustice Marshall

These appeals present the question whether 49 U. S. C. § 1513(a) pre-empts a Hawaii statute that imposes a tax on the gross income of airlines operating within the State. We conclude that the Hawaii tax is pre-empted.

In 1970, Congress committed the Federal Government to assisting States and localities in expanding and improving the Nation’s air transportation system. See Airport and Airway Development Act of 1970, Pub. L. 91 — 258, 84 Stat. 219. In the same session, Congress established the Airport and Airway Trust Fund to funnel federal resources to local airport expansion and improvement…

2Cases cited10 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  3. Evansville-Vanderburgh Airport Authority District v. Delta Airlines, Inc.Supreme Court of the United States · 1972
  4. Massachusetts v. United StatesSupreme Court of the United States · 1978
  5. Railway Express Agency, Inc. v. VirginiaSupreme Court of the United States · 1954

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3Cited by98 opinions

  1. McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business RegulationSupreme Court of the United States · 1990
  2. Northwest Airlines, Inc. v. County of KentSupreme Court of the United States · 1994
  3. Exxon Corp. v. HuntSupreme Court of the United States · 1986
  4. The Firestone Tire & Rubber Company Virgil E. Arrington v. James A. NeusserCourt of Appeals for the Sixth Circuit · 1987
  5. In Re Joanne G. Burns, Debtor. Joanne G. Burns v. United States of America, Acting by and Through the Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1989

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