15 U.S.C. § 382

Assessment of net income taxes

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(a) Limitations

No State, or political subdivision thereof, shall have power to assess, after September 14, 1959, any net income tax which was imposed by such State or political subdivision, as the case may be, for any taxable year ending on or before such date, on the income derived within such State by any person from interstate commerce, if the imposition of such tax for a taxable year ending after such date is prohibited by section 381 of this title.

(b) CollectionsThe provisions of subsection (a) shall not be construed—(1) to invalidate the collection, on or before September 14, 1959, of any net income tax imposed for a taxable year ending on or before such date, or(2) to prohibit the collection, after September 14, 1959, of any net income tax which was assessed on or before such date for a taxable year ending on or before such date.(Pub. L. 86–272, title I, § 102, Sept. 14, 1959, 73 Stat. 556.)

Notes of Decisions

Cited in 2 cases, 1964–2008 · leading case: Disney Enters. v. Tax Appeals, 888 N.E.2d 1029 (NY 2008).

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Disney Enters. v. Tax Appeals, 888 N.E.2d 1029 (NY 2008). “[4] Section 102 (codified as 15 USC § 382 ) prohibits later assessment of taxes if imposition was otherwise prohibited by section 101.”

State ex rel. Ciba Pharm. Prods., Inc. v. State Tax Comm'n, 382 S.W.2d 645 (Mo. 1964). “556 , 15 U.S.C.A. § 382 .” The court further found the order affirming the income tax assessments to be “unlawful” and reversed the judgment entered by the State Tax Commission.”

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