· 3/1/1920

Shaffer v. Carter

Citations

252 U.S. 37
40 S. Ct. 221
64 L. Ed. 445
1920 U.S. LEXIS 1660
4 A.F.T.R. (P-H) 4727

Syllabus

When, upon application for a preliminary injunction, the District Court not only refuses the injunction but dismisses the bill, appeal to this court should be under Jud. Code, § 238, frpm the final decree, and not under § 266. P. 44. Equity may be resorted to for relief against an unconstitutional tax lien, clouding the title to real property, if there be no complete remedy at law. P. 46. _ ■ ^ ' Quaere: Whether the Oklahoma laws afford an adequate legal remedy in a case where the constitutionality of the state income tax law is in question. Id. The Oklahoma taxing laws afford no legal remedy for removing a cloud caused by an invalid lien for an income tax. P. 48. Having acquired jurisdiction, equity affords complete relief. Id. Governmental jurisdiction in matters of taxation depends upon the power to enforce the mandate of the State by action taken within its borders either in personam or in rem. P. 49. A State may tax income derived from local property and business owned and managed from without by a citizen and resident of another State (pp. 49-55): such power is consistent with Const., Art. TV, § 2, guaranteeing privileges and immunities and the equal protection clause of the Fourteenth Amendment. Pp. 53-56. The constitutionality of such a tax depends on its practical operation and effect,.and not on mere definitions or theoretical distinctions ■respecting its nature and quality. P. 54. The fact that the Oklahoma income tax law permits residents to deduct from their gross income losses sustained without as well as those sustained within the State, while non-residents may deduct only those occurring within it, does not make the law obnoxious to the privileges and immunities clause, supra, or the equal protection clause of the Fourteenth Amendment. P. 56. Net income derived from interstate commerce is taxable under a state law providing for a general income tax. P. 57. . . The Oklahoma gross

How courts have described this case

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

holding that a state may tax the income of a nonresident that is derived from activities conducted within that state
holding that denial of an interlocutory injunction merged into the final decree and dismissing appeal from denial of the interlocutory injunction
rejecting “radical contention” that taxing nonresident’s income derived from within state violated due process clause
stating, “the denial of the interlocutory application [for injunctive relief] was merged in the final decree” and dismissing appeal of such denial
dismissing an appeal from the denial of a preliminary injunction motion because the denial was “merged in the final decree”
affirming Shaffer’s holding that a State may limit the deductions of non-residents to those related to the production of in-state income

Source: CourtListener parenthetical corpus (CC0).

Judges: McReynolds, Pitney

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