Legal Opinion

Board of Assessors of the Parish v. New York Life Insurance

Supreme Court of the United States

Decided February 28, 1910No. 112PublishedCited by 75 opinions

APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN-DISTRICT OP LOUISIANA. The facts are stated in the opinion. The property here taxed falls under “credits” and “cash” to which the terms of the act apply. The case is on all fours with Metropolitan Life Ins. Co. v. New Orleans, 205 U. S. 395; although complainant seeks to make a subtle distinction. The term “Joan” has not been applied to these transactions by the taxing power, but by complainant itself.

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APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN-DISTRICT OP LOUISIANA. The facts are stated in the opinion. The property here taxed falls under “credits” and “cash” to which the terms of the act apply. The case is on all fours with Metropolitan Life Ins. Co. v. New Orleans, 205 U. S. 395; although complainant seeks to make a subtle distinction. The term “Joan” has not been applied to these transactions by the taxing power, but by complainant itself. It calls them loans. -As to what are loans, see Freeman v. Brittin, 17 N. J. Law (2 How.), 231; Omaha Bank v. Mutual Benefit…

1Opinion of the Court

Mr. Justicio Holmes

delivered the opinion of the court.

This is a bill in equity to restrain the collection of a tax from the plaintiff, the appellee, on-the ground that the tax is contrary to the Fourteenth Amendment. The'plaintiff had a decree and the defendants appealed to this court. 158 Fed. Rep. 462. The tax is based upon an assessment of the plaintiff for credits amounting to $568,900, whereas, the plaintiff says, that it has no credits in the State; and for money on deposit, distinct from what the plaintiff admits to be taxable, amounting to $50,700. There is no dispute about the facts…

2Cases cited3 opinions

  1. Metropolitan Life Insurance v. City of New OrleansSupreme Court of the United States · 1907
  2. Bluefields Banana Co. v. Board of AssessorsSupreme Court of Louisiana · 1897
  3. Parker v. Strauss & Co.Supreme Court of Louisiana · 1897

3Cited by75 opinions

  1. Miller Brothers Co. v. MarylandSupreme Court of the United States · 1954
  2. Williams v. Union Central Life InsuranceSupreme Court of the United States · 1934
  3. Liverpool & London & Globe Insurance v. Board of Assessors for Parish of OrleansSupreme Court of the United States · 1911
  4. Dean v. CommissionerUnited States Tax Court · 1961
  5. In Re: Merry-Go-Round Enterprises, Inc., Debtor. Deborah H. Devan v. Phoenix American Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 2005

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