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· 5/16/1988

D. H. Holmes Co., Ltd. v. McNamara

Citations

  • 486 U.S. 24
  • 108 S. Ct. 1619
  • 100 L. Ed. 2d 21
  • 1988 U.S. LEXIS 2118
  • 56 U.S.L.W. 4400

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that “Complete Auto abandoned the abstract notion that interstate commerce ‘itself cannot be taxed by the States”
  • holding that, inter alia, a company’s 13 stores inside the state, together with its mail order catalog system sent to in-state residents so as to increase its sales within the state, was sufficient physical presence to establish the requisite nexus
  • stating that “the Constitution [does not] displace[] States’ authority ‘to shelter [their] people from menaces to their health or safety”
  • holding tax to be fairly apportioned because state allowed credit for similar taxes
  • mailing of catalogs to Louisiana customers from outside state promoted Holmes’ in-state stores and constituted a “use” within Louisiana that the state could tax
  • applying Complete Auto test to uphold state tax on catalogs printed outside state which are shipped to customers within the state

Source: CourtListener parenthetical corpus (CC0).

Judges: Rehnquist

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.