4 U.S.C. § 110

Same; definitions

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As used in sections 105–109 of this title—(a) The term “person” shall have the meaning assigned to it in section 3797 of title 26.(b) The term “sales or use tax” means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisions of section 104 of this title are applicable.(c) The term “income tax” means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts.(d) The term “State” includes any Territory or possession of the United States.(e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency, of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State.(July 30, 1947, ch. 389, 61 Stat. 645.)Editorial NotesReferences in Text

Section 3797 of title 26, referred to in subsec. (a), is a reference to section 3797 of the Internal Revenue Code of 1939, which was repealed by section 7851 of the Internal Revenue Code of 1954, Title 26, and is covered by section 7701(a)(1) of Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of Title 26, Internal Revenue Code. See also section 7852(b) of Title 26, Internal Revenue Code, for provision that references in any other law to a provision of the 1939 Code, unless expressly incompatible with the intent thereof, shall be deemed a reference to the corresponding provision of the 1986 Code.

Notes of Decisions
Cited in 27 cases (2 in the last 5 years), 1952–2024 · leading case: United States v. State Tax Comm'n, 412 U.S. 363 (1973).
United States v. State Tax Comm'n, 412 U.S. 363 (1973). · cites it 2× “" Whether the markup should be treated as a tax on sales occurring within a federal area within the meaning of § 105 (a), see also 4 U. S. C. § 110 (b), and, if so, whether the exception contained in § 107 (a) nevertheless serves to remove the markup from the consent provision…”
G. M. Shupe, Inc. v. Bureau of Revenue, 550 P.2d 277 (N.M. Ct. App. 1976). · cites it 2× “Because the tax is on a non-Indian, none have the dispositive effect for which the taxpayer contends, and their effect must be determined by the principles governing conflicts between Indian sovereignty and state law discussed above. Buck Act The Buck Act ( 4 U.”
Jefferson Cnty. v. Acker, 850 F. Supp. 1536 (N.D. Ala. 1994). · cites it 2× “§§ 105-109 , is defined in 4 U.S.C. § 110 (c) as “any tax levied on, with respect to, or measured by, net income, gross income or gross receipts,” id.”
Shell Oil Co. v. Sec'y, 683 So. 2d 1204 (La. 1996). · cites it 2× “17 of the federal Constitution to take effect, the consent of the Louisiana legislature was required.”
City of New Orleans v. Scramuzza, 507 So. 2d 215 (La. 1987). “" 4 U.S.C. § 110 . Fortunately, our task is not to define "income tax," but merely to determine if the Earnings Tax should be classified as a prohibited form of "income tax" under our Constitution.”
Beamer v. Franchise Tax Bd., 563 P.2d 238 (Cal. 1977). · cites it 2× “" ( 4 U.S.C. § 110 (c).) Furthermore, the Senate Finance Committee report on the Buck Act states that "The definition of income tax [in the Buck Act] is broad enough to include a sales tax which is measured by gross receipts from sales.”
United Pac. Ins. Co. v. Wyoming Excise Tax Div., Dep't of Revenue & Taxation, 713 P.2d 217 (Wyo. 1986). · cites it 2× “" 4 U.S.C. § 110 provides: "As used in sections 105-109 of this title — "(a) The term `person' shall have the meaning assigned to it in section 3797 of title 26.”
United States v. City & Cnty. of Denver, 573 F. Supp. 686 (D. Colo. 1983). · cites it 2× “” 4 U.S.C. § 110 (c). Determining whether Denver’s tax is within that definition is not an easy task.”
Polar Ice Cream & Creamery Co. v. Andrews, 375 U.S. 361 (1964). “” 4 U. S. C. § 110 . We think this provision provides ample basis for Florida to levy a tax measured by the amount of milk Polar distributes monthly, including milk sold to the United States for use on federal enclaves in Florida.”
In Re O.P.M Leasing Servs., Inc., 60 B.R. 679 (Bankr. S.D.N.Y. 1986). “” 4 U.S.C. § 110 (c) (1982). The State contends that Bullock strongly supports its position that the Texas Franchise Tax is “on or measured by .”
Rountree v. City & Cnty. of Denver, 596 P.2d 739 (Colo. 1979). · cites it 2× “To the same effect, sales and use taxes were permitted to be collected by city and state government.”
Mahoney v. State Tax Comm'n, 524 P.2d 187 (Idaho 1974). · cites it 2× “The Buck Act permits states to levy sales, use, or income taxes within any federal area (meaning "any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States," 4 U.S.C.A. § 110 (e)). But the Buck…”
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