· 11/23/1984
United States v. River Coal Company, Inc. Polls Creek Coal Company, Inc. New Brush Creek Mining, Inc.
Citations
- 748 F.2d 1103
- 11 Collier Bankr. Cas. 2d 1432
- 14 Envtl. L. Rep. (Envtl. Law Inst.) 20866
- 21 ERC (BNA) 2147
- 1984 U.S. App. LEXIS 16525
- 12 Bankr. Ct. Dec. (CRR) 606
- 21 ERC 2147
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that mining charges were “taxes” for purposes of the Tax Injunction Act; reclamation fees were taxes, and so nondischargeable in (2
- explaining that the reclamation fee “is an involuntary exaction for a public purpose ... [which] has the essential characteristics of a tax----”
- assessments imposed by state commodity on purchaser of fryer chickens were fees since agency used assessment for the primary benefit of payer, rather than general public
- reclamation fee imposed on strip mine operators is a tax since fee did not confer an individual benefit on the mine operator not enjoyed by the public generally
- “the chief distinction is that a tax is an exaction for public purposes while a fee relates to an individual privilege or benefit to the payer.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lively, Merritt, Gibbons
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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