TaxProf Blog

Editor: Paul L. Caron
Pepperdine University School of Law

Wednesday, September 6, 2006

Hellerstein on Davis

State and Local Tax guru Walter Hellerstein (Georgia) offers his views on Davis v. Department of Revenue, No. 2004-CA-001940-MR (Kent. Ct. App. 1/6/06), appeal denied, No. 2006-SC-105-D (Kent. Sup. Ct. 8/17/06), in Discrimination Against Out-of-State Municipal Bond Income:

It has always been my view, reflected in the treatise, that the widespread practice among the states of exempting the interest of federally tax-exempt bonds issued by the state or its own political subdivisions while taxing the interest from tax-exempt bonds issued by other states and their political subdivisions discriminated against interstate commerce in violation of the Commerce Clause.

(Hat Tip:  Marjorie Kornhauser.)

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