· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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