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13 Oregon opinions name it 3 courts 1988–2015 0 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Vogl v. Department of Revenuegreen2 sentences2015In Vogl , plaintiffs in two consolidated cases argued that HB 3349 violated the “‘equal tax treatment’ requirement that is inherent in the federal doctrine of intergovernmental tax immunity.” 327 Or at 197 . 2015The Supreme Court engaged in a thorough discussion of the history of Oregon’s “long-running struggle concerning the requirements of the intergovernmental tax immunity doctrine,” culminating in the adoption of HB 3349 in 1995. 327 Or at 197-200 . | 3 | 4 |
Davis v. Michigan Department of the Treasurygreen2 sentences2015In Davis v. Michigan Dept. of Treasury, 489 US 803 , 109 S Ct 1500 , 103 L Ed 2d 891 (1989), the United States Supreme Court held that exempting state pension benefits from taxation, but not exempting federal pension benefits, violated the intergovernmental tax immunity doctrine. 2015In Davis v. Michigan Dept. of Treasury, 489 US 803 , 109 S Ct 1500 , 103 L Ed 2d 891 (1989), the United States Supreme Court held that exempting state pension benefits from taxation, but not exempting federal pension benefits, violated the intergovernmental tax immunity doctrine. | 1 | 8 |
Ragsdale v. Department of Revenuegreen2 sentences2015And if the legislature failed to similarly decrease Oregon tax liabilities, then the class action plaintiffs would be allowed to reopen the class action litigation and seek sup- plemental relief. 25 Petitioners attempt to refute that conclusion by citing repeatedly from this court’s opinion in Ragsdale, which considered whether the 1991 offset violated the intergovernmental tax immunity doctrine. 321 Or at 229 . 2015Petitioners attempt to refute that conclusion by citing repeatedly from this court’s opinion in Ragsdale, which considered whether the 1991 offset violated the intergovernmental tax immunity doctrine. 321 Or at 229 . | 1 | 3 |
Ragsdale v. Department of Revenuegreen2 sentences1995This court later applied Davis and held that Oregon's taxation scheme, which was similar to the Michigan taxation scheme challenged in Davis , "impermissibly discriminated against employees of the federal government in violation of the constitutional doctrine of intergovernmental tax immunity." Ragsdale v. Dept. of Rev., 312 Or. 529 , 823 P.2d 971 (1992). [8] In response to Davis , the 1991 Oregon legislature amended ORS 237.201 (1989) by repealing the tax exemption previously granted to PERS retirement benefits. 1995This court later applied Davis and held that Oregon's taxation scheme, which was similar to the Michigan taxation scheme challenged in Davis , "impermissibly discriminated against employees of the federal government in violation of the constitutional doctrine of intergovernmental tax immunity." Ragsdale v. Dept. of Rev., 312 Or. 529 , 823 P.2d 971 (1992). [8] In response to Davis , the 1991 Oregon legislature amended ORS 237.201 (1989) by repealing the tax exemption previously granted to PERS retirement benefits. | 1 | 2 |
Atkins v. Department of Revenuegreen1 sentence1995Atkins v. Dept. of Rev., 13 OTR 65, 67-68 (1994). | 1 | 1 |
Barker v. Kansasgreen2 sentences1992B. 1991 Legislative Amendments In 1989, the Supreme Court of the United States decided Davis v. Michigan Dept. of Treasury, 489 US 803 , 109 S Ct 1500 , 103 L Ed 2d 891 (1989). 9 In Davis , the Supreme Court held that if a state exempts pension benefits paid by state and local governments from state income taxes, without similarly exempting pension benefits paid by the federal government, then that state violates statutory and constitutional principles of intergovernmental tax immunity. 489 US at 817 ; accord Barker v. Kansas,_US_, 112 S Ct 1619 , 118 L Ed 2d 243 (1992) (states may not tax mil 1992B. 1991 Legislative Amendments In 1989, the Supreme Court of the United States decided Davis v. Michigan Dept. of Treasury, 489 US 803 , 109 S Ct 1500 , 103 L Ed 2d 891 (1989). 9 In Davis , the Supreme Court held that if a state exempts pension benefits paid by state and local governments from state income taxes, without similarly exempting pension benefits paid by the federal government, then that state violates statutory and constitutional principles of intergovernmental tax immunity. 489 US at 817 ; accord Barker v. Kansas,_US_, 112 S Ct 1619 , 118 L Ed 2d 243 (1992) (states may not tax mil | 1 | 1 |
Collector v. Daygreen2 sentences1991See, e.g., The Collector v. Day, 78 US 113, 124-28 , 20 L Ed 122 (1871) (invalidating federal taxation of state judge’s salary); Dobbins v. Erie County, 41 US 435 , 10 L Ed 1022 (1842) (invalidating state tax on federal officer). 1991See, e.g., The Collector v. Day, 78 US 113, 124-28 , 20 L Ed 122 (1871) (invalidating federal taxation of state judge’s salary); Dobbins v. Erie County, 41 US 435 , 10 L Ed 1022 (1842) (invalidating state tax on federal officer). | 1 | 1 |
South Carolina v. Bakergreen2 sentences1988The doctrine of intergovernmental tax immunity on the other hand, as expressed by the same court in South Carolina v. Baker, 485 US 505 , 108 S Ct 1355 , 99 L Ed 2d 592, 611 (1988), is: “We see no constitutional reason for treating persons who receive interest on government bonds differently than persons who receive income from other types of contracts with the government, and no tenable rationale for distinguishing the costs imposed on States by a tax on state bond interest from the costs imposed by a tax on the income from any other state contract.” Earlier, the court summarizes its view as 1988The doctrine of intergovernmental tax immunity on the other hand, as expressed by the same court in South Carolina v. Baker, 485 US 505 , 108 S Ct 1355 , 99 L Ed 2d 592, 611 (1988), is: “We see no constitutional reason for treating persons who receive interest on government bonds differently than persons who receive income from other types of contracts with the government, and no tenable rationale for distinguishing the costs imposed on States by a tax on state bond interest from the costs imposed by a tax on the income from any other state contract.” Earlier, the court summarizes its view as | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lurie v. Halderman
green
2 sentences2015Ragsdale v. Dept. of Rev., 321 Or 216, 229 , 895 P2d 1348 (1995), cert den, 516 US 1011 , 116 S Ct 569 , 133 L Ed 2d 493 (1995) (addressing the 1991 offset); Vogel, 327 Or at 211-12 (addressing the 1995 offset). 2015Ragsdale v. Dept. of Rev., 321 Or 216, 229 , 895 P2d 1348 (1995), cert den, 516 US 1011 , 116 S Ct 569 , 133 L Ed 2d 493 (1995) (addressing the 199Í offset); Vogel, 327 Or at 211-12 (addressing the 1995 offset). | 2 | 2015–2015 |
Bank of California, N. A. v. Oregon Department of Revenue
green
2 sentences2015Ragsdale v. Dept. of Rev., 321 Or 216, 229 , 895 P2d 1348 (1995), cert den, 516 US 1011 , 116 S Ct 569 , 133 L Ed 2d 493 (1995) (addressing the 1991 offset); Vogel, 327 Or at 211-12 (addressing the 1995 offset). 2015Ragsdale v. Dept. of Rev., 321 Or 216, 229 , 895 P2d 1348 (1995), cert den, 516 US 1011 , 116 S Ct 569 , 133 L Ed 2d 493 (1995) (addressing the 199Í offset); Vogel, 327 Or at 211-12 (addressing the 1995 offset). | 2 | 2015–2015 |
Operating Engineers Pension Trust v. Insurance Co. of the West
green
2 sentences2015Ragsdale v. Dept. of Rev., 321 Or 216, 229 , 895 P2d 1348 (1995), cert den, 516 US 1011 , 116 S Ct 569 , 133 L Ed 2d 493 (1995) (addressing the 1991 offset); Vogel, 327 Or at 211-12 (addressing the 1995 offset). 2015Ragsdale v. Dept. of Rev., 321 Or 216, 229 , 895 P2d 1348 (1995), cert den, 516 US 1011 , 116 S Ct 569 , 133 L Ed 2d 493 (1995) (addressing the 199Í offset); Vogel, 327 Or at 211-12 (addressing the 1995 offset). | 2 | 2015–2015 |
Oregon Summer Home Owners Ass'n v. Johnson
neutral
1 sentence2000The court concluded, therefore, that the permittees were subject to taxation for the land that their homes occupied under ORS 307.060. 265 Or at 550 . 6 The doctrine of intergovernmental tax immunity forbids direct taxation of one sovereign by another as well as indirect taxation that discriminates against those with whom the sovereign deals. | 1 | 2000–2000 |
Hughes v. State of Oregon
green
2 sentences1998They alleged, in particular, that *202 “[t]he remedy afforded Oregon PERS retirees in Hughes v. State of Oregon, 314 Or 1 , 838 P2d 1018 (1992), together with the enactment of Or Laws 1991, ch 796 and any other action which increased PERS benefits to compensate PERS retirees for (or to offset the effect of subjecting PERS benefits to) state income taxation, create a disparate tax structure which violates the equal treatment mandate of Davis.” (Emphasis added.) Two significant events occurred in the course of the Vogl proceedings: this court issued its decision in Ragsdale, and the legislature 1998They alleged, in particular, that *202 “[t]he remedy afforded Oregon PERS retirees in Hughes v. State of Oregon, 314 Or 1 , 838 P2d 1018 (1992), together with the enactment of Or Laws 1991, ch 796 and any other action which increased PERS benefits to compensate PERS retirees for (or to offset the effect of subjecting PERS benefits to) state income taxation, create a disparate tax structure which violates the equal treatment mandate of Davis.” (Emphasis added.) Two significant events occurred in the course of the Vogl proceedings: this court issued its decision in Ragsdale, and the legislature | 1 | 1998–1998 |
Dobbins v. Commissioners of Erie County
green
2 sentences1991See, e.g., The Collector v. Day, 78 US 113, 124-28 , 20 L Ed 122 (1871) (invalidating federal taxation of state judge’s salary); Dobbins v. Erie County, 41 US 435 , 10 L Ed 1022 (1842) (invalidating state tax on federal officer). 1991See, e.g., The Collector v. Day, 78 US 113, 124-28 , 20 L Ed 122 (1871) (invalidating federal taxation of state judge’s salary); Dobbins v. Erie County, 41 US 435 , 10 L Ed 1022 (1842) (invalidating state tax on federal officer). | 1 | 1991–1991 |
Memphis Bank & Trust Co. v. Garner
green
2 sentences1988Put succinctly, § 3124(a) 1 was intended by Congress: *72 “(‘[T]o prevent taxes which diminish in the slightest degree the market value or the investment attractiveness of obligations issued by the United States in an effort to secure necessary credit.’)” Memphis Bank & Trust Co. v. Garner, 459 US 392, 396 , 103 S Ct 692 , 74 L Ed 2d 562 (1983). 1988Put succinctly, § 3124(a) 1 was intended by Congress: *72 “(‘[T]o prevent taxes which diminish in the slightest degree the market value or the investment attractiveness of obligations issued by the United States in an effort to secure necessary credit.’)” Memphis Bank & Trust Co. v. Garner, 459 US 392, 396 , 103 S Ct 692 , 74 L Ed 2d 562 (1983). | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.