Legal Opinion

United States v. County of San Diego

District Court, S.D. California

Decided February 1, 1966No. Civ. No. 3345-SD-KPublishedCited by 2 opinions

1Opinion of the Court

KUNZEL, District Judge.

This case presents the question of whether or not a local government can levy a tax on personal property held by an agency of the United States Government absent express congressional authorization. The holding is that this cannot be done.

Pursuant to the authority granted to the Commissioner of the Federal Housing Administration (hereinafter F.H.A.) by the National Housing Act, 12 U.S.C.A. §§ 1701-50, the Commissioner acquired certain housing projects located in San Diego County through foreclosure proceedings. This ownership embraced real property and personal property…

2Cases cited21 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. United States v. County of AlleghenySupreme Court of the United States · 1944
  3. Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
  4. United States v. N. Y. Rayon Importing Co.Supreme Court of the United States · 1947
  5. Kern-Limerick, Inc. v. ScurlockSupreme Court of the United States · 1954

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3Cited by2 opinions

  1. United States v. City of AdairCourt of Appeals for the Eighth Circuit · 1976
  2. County of St. Louis v. Federal Land Bank of St. PaulSupreme Court of Minnesota · 1983

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