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Florida Attorney General Reports

Decided March 24, 1978Published

1Opinion of the Court

Charles H. Spooner City Attorney Coral Gables

QUESTION:

Does s. 205.042(3), F. S., permit the City of Coral Gables to levy an occupational license tax on wholesalers who are not licensable under s. 205.042(1) or (2), since a large percentage of the products of these wholesalers is shipped by interstate commerce to the wholesalers?

SUMMARY:

Section 205.042(3), F. S., permits a municipality to levy an occupational license tax on persons engaged in interstate commerce `within its jurisdiction,' if not prohibited by the Commerce Clause of the United States Constitution. A wholesaler located outside…

2Cases cited21 opinions

  1. Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
  2. Boston Stock Exchange v. State Tax CommissionSupreme Court of the United States · 1977
  3. Nippert v. City of RichmondSupreme Court of the United States · 1946
  4. Higgins v. Carr Brothers Co.Supreme Court of the United States · 1943
  5. Walker Oil Company, Inc., and Big S Oil Company v. Hudson Oil Company of Missouri, Inc.Court of Appeals for the Fifth Circuit · 1969

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