The meaning of real property in a federal statute permitting local taxation is determined by state law and local tax traditions unless those rules discriminate against the government.
A federal agency subsidiary owned machinery and buildings used for manufacturing aircraft propellers. The local government imposed a real property tax on the machinery based on state law, which classified the equipment as part of the real estate. The agency argued that the federal statute, which permits local taxation of 'any real property' of the agency, required a federal definition of the term rather than the state's definition. The Court held that when a federal statute permits local taxation of real property, the meaning of that term is determined by settled state rules and local tax traditions, provided the state rules do not discriminate against the government.
At page 208 Determining federal statutory definition of real property9 citing casesPennsylvania's definition of 'real property' cannot govern if it conflicts with the scope of that term as used in the federal statute. What meaning Congress intended is a federal question which we must determine.
- Oregon v. Ashcroft, 368 F.3d 1118 (9th Cir. 2004).published (What meaning Congress intended is a federal question we must determine.)
- State of Oregon v. John Ashcroft, Attorney Gen., in His Off. Capacity as United States Attorney Gen. Asa Hutchinson, in His Off. Capacity as Adm'r of the Drug Enf't Admin. Kenneth W. Magee, in His Off. Capacity as Dir. of the Drug Enf't Admin., Portland Off. United States of Am. United States Dep't of Just. United States Drug Enf't Admin. v. Peter A. Rasmussen David Malcolm Hochhalter Richard Holmes James Romney Melissa Bush John Doe 1, Plaintiffs-Intervenors-Appellees, 368 F.3d 1118 (9th Cir. 2004).published (What meaning Congress intended is a federal question we must determine.)
- 99 Cal. Daily Op. Serv. 2814, 1999 Daily Journal D.A.R. 3649 United States of Am., Plaintiff-Appellant-Cross-Appellee v. Lewis Cnty., Wa Bill Brooks, Cnty. Assessor, Lewis Cnty., Washington Donna Karvia, Clerk, Lewis Cnty. Superior Court Joe Cooke, Treasurer, Lewis Cnty., Washington Gary Zandel, & Kevin E. Murphy Bernice Murphy, Defendants-Appellees-Cross-Appellants, 175 F.3d 671 (9th Cir. 1999).published (What meaning Congress intended [in its waiver] is a federal question which we must determine)
- United States v. Lewis Cnty., 175 F.3d 671 (9th Cir. 1999).published (What meaning Congress intended [in its waiver] is a federal question which we must determine)
- Resolution Trust Corp. v. Selma Diamond, 45 F.3d 665 (2d Cir. 1995).published (Pennsylvania's definition of 'real property' cannot govern if it conflicts with the scope of that term as used in the federal statute. What meaning Congress intended is a federal question which we must determine.)
- Resolution Trust Corp. v. Diamond, 45 F.3d 665 (2d Cir. 1995).published (Pennsylvania’s definition of ‘real property’ cannot govern if it conflicts with the scope of that term as used in the federal statute. What meaning Congress intended is a federal question which we must determine.)
- Trust Co. v. Commonwealth of, No. 91-2205 (1st Cir. Oct. 26, 1992).published(borrowing definition _____________ from state property law)
- Molzof v. United States, 502 U.S. 301 (1992).published(definition of “real property” as used in a federal statute is a federal question)
- Ronnie Evans v. City of Chicago, 434 F.3d 916 (7th Cir. 2006).published (holding that federal courts are justified disregard- ing state law if the Congressional purposes underlying federal law would be undermined)
At page 210 Permitting state tax application of established property concepts8 citing cases“so long as it is plain, as it is here, that the state rules do not effect a discrimination against the government, or patently run counter to the terms of the act.”
- United States v. Lewis Cnty., 175 F.3d 671 (9th Cir. 1999).published See Reconstruction Finance Corp. v. Beaver County, 328 U.S. 204, 208 , 66 S.Ct. 992 , 90 L.Ed. 1172 (1946) (“What meaning Congress intended [in its waiver] is a federal question which we must determine”).
- Kamen v. Kemper Fin. Servs., Inc., 500 U.S. 90 (1991).published(property law)
- Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989).published Shapiro, Hart and Wechsler’s The Federal Courts and the Federal System 566 (3d ed. 1988); cf. Reconstruction Finance Corporation v. Beaver County, 328 U. S. 204, 210 (1946), Congress sometimes intends that a statutory term be given content…
- Fed. Election Comm'n v. Nat'l Right to Work Comm., 459 U.S. 197 (1982).publishedIn an analogous situation, where Congress had authorized state taxation of “real property” of subsidiaries of the Reconstruction Finance Corporation, the Court said: “We think the congressional purpose can best be accomplished by applicati…
- United States v. Little Lake Misere Land Co., 412 U.S. 580 (1973).published See, e. g., James v. Dravo Contracting Co., 302 U. S. 134 (1937); New York v. United States, 326 U. S. 572 (1946); RFC v. Beaver County, 328 U. S. 204, 210 (1946).
- United States v. City of Springfield, 190 F. Supp. 817 (D. Mass. 1961).published As the Supreme Court said in the Beaver County case, supra, 328 U.S. at page 210, 66 S.Ct. at page 995, “To permit the states to tax, and yet to require them to alter their longstanding practice of assessments and collections, would create…
- Mafrige v. United States, 893 F. Supp. 691 (S.D. Tex. 1995).published
- Yunis v. United States, 118 F. Supp. 2d 1024 (C.D. Cal. 2000).published
66 S. Ct. at 995 Defining real property under state law for tax purposes5 citing casesin subjecting federal corporation to local real property taxes, Congress intended that "real property" be defined under state laws
- United States v. Consumers Scrap Iron Corp., 384 F.2d 62 (6th Cir. 1967).published Reconstruction Finance Corp. v. Beaver County, 328 U.S. 204, 208 , 66 S.Ct. 992, 995 (1946).
- United States v. City of Springfield, 190 F. Supp. 817 (D. Mass. 1961).published As the Supreme Court said in the Beaver County case, supra, 328 U.S. at page 210, 66 S.Ct. at page 995, “To permit the states to tax, and yet to require them to alter their longstanding practice of assessments and collections, would create…
- Reo v. United States Postal Serv., 98 F.3d 73 (3d Cir. 1996). See Reconstruction Finance Corp., 328 U.S. at 210 , 66 S.Ct. at 995 .
- Sharon A. Reo v. United States Postal Serv. United States of Am. Patricia D'esposito. United States of Am., Defendant/third-Party v. Joseph J. Reo, Jr. Marjorie Reo Third-Party v. State Farm Ins. Co., Fourth-Party Sharon Reo, 98 F.3d 73 (3d Cir. 1996).published See Reconstruction Finance Corp., 328 U.S. at 210 , 66 S.Ct. at 995 .
Congress intended that state law define “real property” for tax purposes under the Reconstruction Finance Corporation Act.
- Resolution Trust Corp. v. Cityfed Fin. Corp., 57 F.3d 1231 (3d Cir. 1995). (Congress intended that state law define “real property” for tax purposes under the Reconstruction Finance Corporation Act.)
- Resolution Trust Corp., in Its Capacity as Receiver for City Sav., F.S.B., & the Resolution Trust Corp., in Its Corp. Capacity v. Cityfed Fin. Corp. Richard E. Simmons K. Michael Defreytas John W. Atherton, Jr. Gordon E. Allen Alfred J. Hedden Peter R. Kellogg John Kean, Jr. Gilbert G. Roessner George E. Mikula James P. McTernan Victor A. Pelson Marshall M. Criser. Resolution Trust Corp., in Its Capacity as Receiver for City Sav., F.S.B. v. John W. Atherton, Jr. Gordon E. Allen Alfred J. Hedden Peter R. Kellogg John Kean, Jr. Gilbert G. Roessner James P. McTernan Resolution Trust Corp., in Its Capacity as Receiver for City Sav., F.S.B., in No. 94-5307. Resolution Trust Corp. v. Alfred J. Schuster Thomas J. Lynam Martin R. Siegel Richard P. Pearlman Joan C. Moonan, Individually & as of the Est. of Robert J. Moonan Eugene J. Elias George Hurley William B. Brick James W. Dwyer Harry H. Jaeger John R. Hipple John C. Lauricella Louis A. Iatarola. Martin R. Siegel, & Joan C. Moonan, as of the Est. of Robert J. Moonan & Individually, in No. 94-5308, 57 F.3d 1231 (3d Cir. 1995).published (Congress intended that state law define "real property" for tax purposes under the Reconstruction Finance Corporation Act.)
congressional intent underlying the Reconstruction Finance Corporation Act supported reliance on state law definitions of "real property" for tax purposes
- United States Court of Appeals, Third Circuit, 940 F.2d 832 (3d Cir. 1991).unpublished (congressional intent underlying the Reconstruction Finance Corporation Act supported reliance on state law definitions of "real property" for tax purposes)
- Brannon v. Babcock & Wilcox Co., 940 F.2d 832 (3d Cir. 1991).published (congressional intent underlying the Reconstruction Finance Corporation Act supported reliance on state law definitions of “real property” for tax purposes)
At page 207 court of the State and raises a substantial federal question. We have jurisdiction under 28 U. S. C. § 344 (a) and appellee’s motion to dismiss is denied. In…2 citing cases
- Empress Casino Joliet Corp. v. Blagojevich, 638 F.3d 519 (7th Cir. 2011).publishedCorp. v. Beaver Cnty., Pa., 328 U.S. 204, 207-10 (1946)).
- Nat'l Loan Investors L.P. v. Town Of Orange, 204 F.3d 407 (2d Cir. 2000).publishedCorp. v. Beaver County, Pa., 328 U.S. 204, 207-10 (1946)), aff'd, 970 F.2d 58 (5th Cir. 1992); see also Phoenix Bond, 169 F.3d at 457 (following Irving).
At page 209 “the generally accepted principle that congress normally intends that its laws shall operate uniformly throughout the nation so that the federal program will remain unimpaired.”2 citing cases
- Fed. \Non-Reserved\" Water Rights" (OLC 1982).publishedRFC v Beaver County, 328 U.S. 204,209-10 (1946), United States v Little Lake Misere Land Co., supra n 101, 412 U.S at 595-97, United States v. Yazell. supra n 104, 382 U S. at 352-53 106 See, e.g..
- United States v. Kimbell Foods, Inc., 440 U.S. 715 (1979).published E. g., RFC v. Beaver County, 328 U. S. 204, 209-210 (1946).
90 L. Ed. at 1174 cited at this page1 citing case
- Resolution Trust Corp. v. Tarrant Cnty. Appraisal Dist., 926 S.W.2d 797 (Tex. App.—Fort Worth 1996).publishedCorp. v. Beaver County, 328 U.S. 204, 207-10 , 66 S.Ct. 992, 994-96 , 90 L.Ed. 1172, 1174-76 (1946); Reconstruction Fin.
66 S. Ct. at 994 what Congress ultimately intends by statutory incorporation of state law is a federal question1 citing case
- Woods v. United States, 909 F. Supp. 437 (W.D. La. 1995).published (what Congress ultimately intends by statutory incorporation of state law is a federal question)
“what meaning congress intended in its waiver is a federal question which we must determine”
- 99 Cal. Daily Op. Serv. 2814, 1999 Daily Journal D.A.R. 3649 United States of Am., Plaintiff-Appellant-Cross-Appellee v. Lewis Cnty., Wa Bill Brooks, Cnty. Assessor, Lewis Cnty., Washington Donna Karvia, Clerk, Lewis Cnty. Superior Court Joe Cooke, Treasurer, Lewis Cnty., Washington Gary Zandel, & Kevin E. Murphy Bernice Murphy, Defendants-Appellees-Cross-Appellants, 175 F.3d 671 (9th Cir. 1999).published “what meaning congress intended in its waiver is a federal question which we must determine”
- United States v. Lewis Cnty., 175 F.3d 671 (9th Cir. 1999).published “what meaning congress intended in its waiver is a federal question which we must determine”
Other citing cases
- Bank of Am., N.A. v. Westtrop Ass'n, No. 2:16-cv-01451 (D. Nev. Mar. 9, 2020).
- Magnum v. Archdiocese of Philadelphia, 253 F. App'x 224 (3d Cir. 2007).unpublished
- Rtc Com. Assets Trust 1995-Np3-1, a Delaware Bus. Trust v. Phoenix Bond & Indem. Co., 169 F.3d 448 (7th Cir. 1999).published
- Simon v. Cebrick, 53 F.3d 17 (1st Cir. 1995).published
- Simon v. Cebrick, 53 F.3d 17 (3d Cir. 1995).
- Fed. Reserve Bank of Richmond, a United States Corp. v. City of Richmond, a Virginia Mun. Corp., 957 F.2d 134 (4th Cir. 1992).published
- Irving Indep. Sch. Dist. v. Packard Props., Ltd., 741 F. Supp. 120 (N.D. Tex. 1990).published
- Judith Diane Duff Leach, Etc. v. Fed. Deposit Ins. Corp., 860 F.2d 1266 (5th Cir. 1989).published
- William M. Casey & Liou Dien-Mei Casey v. Comm'r of Internal Revenue, 830 F.2d 1092 (10th Cir. 1987).published
- Sw. Diversified, Inc. v. City of Brisbane, 652 F. Supp. 788 (N.D. Cal. 1986).published
Show 10 more citing cases
- Ogden v. Michigan Bell Tel. Co., 595 F. Supp. 961 (E.D. Mich. 1984).published
- United States v. Randall Wilford Pricepaul, 540 F.2d 417 (9th Cir. 1976).published
- Nat'l Labor Relations Bd. v. Randolph Elec. Membership Corp., 343 F.2d 60 (4th Cir. 1965).published
- Nat'l Labor Relations Bd. v. Randolph Elec. Membership Corp., Nat'l Labor Relations Bd. v. Tri-Cnty. Elec. Membership Corp., 343 F.2d 60 (4th Cir. 1965).published
- United States v. Anaconda Am. Brass Co., 210 F. Supp. 873 (D. Conn. 1962).published
- James v. Meow Media, Inc., 90 F. Supp. 2d 798 (W.D. Ky. 2000).published
- Delaware Dep't of Health & Soc. Servs. v. United States Dep't of Educ., 772 F.2d 1123 (3d Cir. 1985).published
- Fed. Land Bank of Wichita v. Bd. of Cnty. Commissioners, 607 F. Supp. 1137 (D. Colo. 1985).published
- State v. Alaska Land Title Ass'n, 667 P.2d 714 (Alaska 1983).published
- United States v. Horace Benson, 605 F.2d 1093 (9th Cir. 1979).published
v.
Beaver County
delivered the opinion of the Court.
By § 10 of the Reconstruction Finance Corporation Act, as amended, 47 Stat. 5, 9; 55 Stat. 248, Congress made it clear that it did not permit States and local governments to impose taxes of any kind on the franchise, capital, reserves, surplus, income, loans, and personal property of the Reconstruction Finance Corporation or any of its subsidiary corporations. [1] Congress provided in the same section that “any real property” of these governmental agencies “shall be subject to State, Territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed.” The Supreme Court of Pennsylvania sustained the imposition of a tax on certain machinery owned and used in Beaver County, Pennsylvania, by the Defense Plant Corporation, an RFC subsidiary. [2] The question presented on this appeal from the Supreme Court judgment is whether the Supreme Court's holding that this machinery is “subject to” a local “real property” tax means that the Pennsylvania tax statute, 72 Purdon's Pennsylvania Stat. (1936) 5020-201, as applied, conflicts with § 10 of the Reconstruction Finance Corporation Act. This appeal, thus, challenges the validity of a state statute sustained by the highest[*207] court of the State and raises a substantial federal question. We have jurisdiction under 28 U. S. C. § 344 (a) and appellee’s motion to dismiss is denied.
In 1941 Defense Plant Corporation [3] acquired certain land in Beaver County. It erected buildings on the.property and equipped them with machinery and attachments necessary and essential to the existence and operation of a manufacturing plant for aircraft propellers. The plant, thus fully equipped, was leased to Curtiss-Wright Corporation, to carry out its war contracts with the Government for the manufacture of propellers. Most of the machinery was heavy, not attached to the buildings, and was held in place by its own weight. Other portions of the machinery were attached by easily removable screws and bolts, and some of the equipment and fixtures could be moved from place to place within the plant. The lease contract with Curtiss-Wright authorized the Government to receive and to replace existing equipment, and parts of the machinery appear to have been frequently interchanged and replaced as the convenience of the Government required. The lease contract also provided that the machinery should “remain personalty notwithstanding the fact it may be affixed or attached to realty.”
The Government contends that under these circumstances the machinery was not “real” but was “personal” property, and that therefore its taxation was forbidden by Congress. The “real property” which Congress made “subject” to state taxation should in the Government’s view be limited to “land and buildings and those fixtures[*208] •which are so integrated with the buildings as to be uniformly, or, at most, generally, regarded as real property.” “Real property,” within this definition, would include buildings and “fixtures as are essential to a building’s operations” but would not include fixtures, movable machinery, or equipment, which, though essential to applicant’s operations as a plant, are not essential to a building’s operation as a building.
The county would, for tax purposes, define real property so as to treat machinery, equipment, fixtures, and the land on which a manufacturing establishment is located as an integral real property unit. This is in accord with the view of the State’s Supreme Court which made the following statement in sustaining the tax here involved: “It has long been the rule in Pennsylvania that ‘Whether fast or loose, therefore, all the machinery of a manufactory which is necessary to constitute it, and without which it would not be a manufactory at all, must pass for a part of the freehold.’ . . . Appellant’s machinery, being an integrated part of the manufactory, and so, of the freehold, was therefore taxable” under Pennsylvania’s definition of real property. This interpretation of Pennsylvania’s tax law is of course binding on us. But Pennsylvania’s definition of “real property” cannot govern if it conflicts with the scope of that term as used in the federal statute. What meaning Congress intended is a federal question which we must determine.
The 1941 Act does not itself define real property. Nor do the legislative reports or other relevant data provide any single decisive piece of evidence as to congressional intent. [4] Obviously, it could have intended either, as the[*209] Government argues, that content be given to the term “real property” as a matter of federal law, under authoritative decisions of this Court, or, as the county contends, that the meaning of the term should be its meaning under local tax laws so long as those tax laws were not designed to discriminate against the Government.
In support of its contention that a federal definition of real property should be applied, the Government relies on the generally accepted principle that Congress normally intends that its laws shall operate uniformly throughout the nation so that the federal program will remain unimpaired. Jerome v. United States, 318 U. S. 101, 104; Commissioner v. Tower, 327 U. S. 280. But Congress, in permitting local taxation of the real property, made it impossible to apply the law with uniform tax consequences in each State and locality. For the several States, and even the localities within them, have diverse methods of assessment, collection, and refunding. Tax rates vary widely. To all of these variable tax consequences, Congress has expressly subjected the “real property” of the Defense Plant Corporation. In view of this express provision, the normal assumption that Congress intends its law to have the same consequences throughout the nation cannot be made. Furthermore, Congress, had it desired complete nationwide uniformity as to tax consequences, could have stipulated for fixed payments in lieu of taxes, as it has done in other statutes. [5] Nor can we see how application of a[*210] local rule governing what is “real property” for tax purposes would impair the congressional program for the production of war materials any more than the program would be impaired by the action of Congress in leaving the fixing of rates of taxation to local communities.
We think the congressional purpose can best be accomplished by application of settled state rules as to what constitutes “real property,” so long as it is plain, as it is here, that the state rules do not effect a discrimination against the Government, or patently run counter to the terms of the Act. Concepts of real property are deeply rooted in state traditions, customs, habits, and laws. Local tax administration is geared to those concepts. To permit the States to tax, and yet to require them to alter their long-standing practice of assessments and collections, would create the kind of confusion and resultant hampering of local tax machinery which we are certain Congress did not intend. The fact that Congress subjected Defense Plant Corporation’s properties to local taxes “to the same extent according to its value as other real property is taxed” indicated an intent to integrate congressional permission to tax with established local tax assessment and collection machinery.
Affirmed.
Mr. Justice Jackson took no part in the consideration or decision of this case.As to the constitutional tax immunity of governmental properties see United States v. County of Allegheny, 322 U. S. 174. See also Pittman v. Home Owners’ Loan Corporation, 308 U. S. 21; Maricopa County v. Valley National Bank, 318 U. S. 357.
By joint resolution of Congress, 59 Stat. 310, Defense Plant Corporation was dissolved and all of its functions, powers, duties and liabilities were transferred to Reconstruction Finance Corporation. Pursuant to this joint resolution this Court granted a motion to substitute Reconstruction Finance Corporation as party appellant in succession to Defense Plant Corporation.
The 1941 amendments to § 10 added among others the following provision: “. . . such exemptions shall not be construed to be applicable in any State to any buildings which are considered by the laws of such State to be personal property for taxation purposes.” The Government contends that this indicates a congressional intent to[*209] establish a uniform meaning of the term “real property” regardless of local rules. But the addition also might be taken to indicate that Congress understood that without it under the language of § 10 the local rule would be followed with respect to taxing buildings. In our opinion the addition of the above-quoted language does not tend to lead to one conclusion or the other.
See, e. g., 42 U. S. C. 1546. See also list of Acts in Federal Contributions to States and Local Governmental Units with Respect to Federally Owned Real Estate, House Document No. 216, pp. 39-41.