Legal Opinion

New York Rapid Transit Corp. v. City of New York

Supreme Court of the United States

Decided March 28, 1938No. Nos. 435, 436PublishedCited by 229 opinions

1Opinion of the CourtJustice Reed

The question for decision is the constitutional validity of Local Laws of the City of New York (Local Law No. 21 of 1934, as amended by Local Law No. 2 of 1935, and extended by Local Law No. 30 of 1935) which provide, § 2, that “for the privilege of exercising its franchise or franchises, or of holding property, or of doing business in the City of New York” an excise tax shall be paid by every “utility” doing business in the City of New York during 1935 and the first six months of 1936.

“Utility” is defined, § 1 (e), to include “any person subject to the supervision of either division of the…

2Cases cited55 opinions

  1. F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
  2. Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
  3. United States v. ButlerSupreme Court of the United States · 1936
  4. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
  5. Western Live Stock v. Bureau of RevenueSupreme Court of the United States · 1938

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3Cited by229 opinions

  1. Lehnhausen v. Lake Shore Auto Parts Co.Supreme Court of the United States · 1973
  2. Madden v. Kentucky Ex Rel. CommissionerSupreme Court of the United States · 1940
  3. Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
  4. Nashville, Chattanooga & St. Louis Railway v. BrowningSupreme Court of the United States · 1940
  5. Leathers v. MedlockSupreme Court of the United States · 1991

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