Legal Opinion

United States of America v. State Tax Commission of the State of Mississippi

Court of Appeals for the Fifth Circuit

Decided December 13, 1974No. 73-3034PublishedCited by 39 opinions

1Opinion of the Court

COLEMAN, Circuit Judge:

This is an appeal by the Mississippi State Tax Commission and the Sheriff of Neshoba County from a judgment granting a permanent injunction against the assessment and collection of sales and contract taxes from the Mississippi Band of Choctaw Indians, the Chata Development Company, and the Choctaw Housing Authority. The District Court held that under the federal Constitution and a state exemption hereinafter described the Tribe and its instrumentalities were exempt from such taxes.

We reverse, with directions to dismiss the complaint for lack of jurisdiction.

FACTS

In…

2Cases cited11 opinions

  1. Burnet v. ClarkSupreme Court of the United States · 1932
  2. Paul v. United StatesSupreme Court of the United States · 1963
  3. United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
  4. Percy Bland v. Robert McHannCourt of Appeals for the Fifth Circuit · 1972
  5. Winton v. AmosSupreme Court of the United States · 1921

6 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. United States v. JohnSupreme Court of the United States · 1978
  2. United Gas Pipe Line Company v. Arvis E. Whitman, Sheriff and Ex-Officio Tax Collector, Bienville Parish, LouisianaCourt of Appeals for the Fifth Circuit · 1979
  3. Parker Drilling Co. v. Metlakatla Indian CommunityDistrict Court, D. Alaska · 1978
  4. Eichler O. Kelly v. H. E. Springett, Bureau of Narcotics EnforcementCourt of Appeals for the Ninth Circuit · 1975
  5. Bruno v. Southeastern Services, Inc.Mississippi Supreme Court · 1980

34 more not listed; retrieve them via the Exa API.

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