Legal Opinion

Clark Kerr v. M killian/az Dept of Revenue

Arizona Supreme Court

Decided February 13, 2004No. CV-03-0110-PRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

HURWITZ, Justice.

¶ 1 The question in this case is whether Arizona’s income tax scheme violates the intergovernmental tax immunity doctrine because it effectively subjects federal employees’ mandatory retirement contributions to current taxation, while deferring taxation of similar contributions by state and local employees. We conclude that the state income tax code does not discriminate against federal employees because of the source of their pay or compensation, and thus does not violate the intergovernmental tax immunity doctrine, codified in 4 U.S.C. § 111(a) (2000).

I

¶ 2 This case…

2Cases cited23 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  3. Graves v. New York Ex Rel. O'KeefeSupreme Court of the United States · 1939
  4. Jefferson County v. AckerSupreme Court of the United States · 1999
  5. United States v. BasyeSupreme Court of the United States · 1973

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3Cited by2 opinions

  1. Mary wade/marla Paddock v. asrs/asrs BoardArizona Supreme Court · 2017
  2. Moran v. Hibbs, Director, Arizona Department of RevenueSupreme Court of the United States · 2004

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