42 U.S.C. § 1437i
Obligations of public housing agencies; contestability; full faith and credit of United States pledged as security; tax exemption
A prior section 11 of act Sept. 1, 1937, ch. 896, 50 Stat. 893, as amended, authorized capital grants to public housing agencies in assistance of low rentals and was classified to section 1411 of this title, prior to the general revision of this chapter by Pub. L. 93–383.
1990—Pub. L. 101–625 substituted “low-income housing” for “lower income housing” wherever appearing.
1981—Pub. L. 97–35 substituted reference to lower income for reference to low-income wherever appearing.
Amendment by Pub. L. 97–35 effective
Notes of Decisions
Cited in 11
cases, 1984–2013 · leading case: United States v. Wells Fargo Bank, 485 U.S. 351 (1988).
United States v. Wells Fargo Bank, 485 U.S. 351 (1988). “shall be exempt from all taxation now or hereafter imposed by the United States.”
Linan-Faye Constr. Co., Inc. v. Hous. Auth. of the City of Camden, 49 F.3d 915 (3rd Cir. 1995). “42 U.S.C.S. § 1437i(e)(l)(E), (e)(4)(D) (1994).”
Charles C. Haffner III & the N. Trust Co., as Executors of the Will of Charles C. Haffner, Jr., Deceased v. United States, 757 F.2d 920 (7th Cir. 1985). “On cross motions for summary judgment the district court, in a detailed and well reasoned opinion, held that the Project Notes were exempt from federal estate taxes under section 11(b) of the Housing Act of 1937, 42 U.S.C. § 1437i(b). Haffner v. United States, 585 F.”
Valentine Props. Assocs., LP v. United States Dep't of Hous. & Urban Dev., 785 F. Supp. 2d 357 (S.D.N.Y. 2011). “§ 1437i(j)(l) limits the Secretary’s discretion under 42 U.S.C. § 1437i(j)(2) is not supported by the text.”
Athens-Clarke Cnty. Unified Gov't v. Fed. Hous. Fin. Agency, 945 F. Supp. 2d 1401 (M.D. Ga. 2013). “890 , codified as amended at 42 U.S.C. § 1437i(b). According to that law, “obligations .”
Hertel v. Bank of Am. N.A., 897 F. Supp. 2d 579 (W.D. Mich. 2012). “” 42 U.S.C. § 1437i(b). Despite this exemption, the Court permitted the United States to enforce its estate tax against these notes.”
Hennepin Cnty. v. Fed. Nat'l Mortg. Ass'n, 933 F. Supp. 2d 1173 (D. Minnesota 2013). “In analyzing the statute, the Court explained: Well before the Housing Act was passed, an exemption of property from all taxation had an understood meaning: the property was exempt from direct taxation, but certain privileges of ownership, such as the right to transfer the…”
Haffner v. United States, 585 F. Supp. 354 (N.D. Ill. 1984). “12% project note due 5/11/79 Although listing the Project Notes on Schedule B, the executors stated that they were not taxable, relying on section 11(b) *356 of the Housing Act of 1937, 42 U.S.C. § 1437i(b) (“section 11(b)”), 1 pursuant to which the Project Notes had been issued.”
Nicolai v. Fed. Hous. Fin. Agency, 928 F. Supp. 2d 1331 (M.D. Fla. 2013). “The Supreme Court found that Project Notes indeed were not exempt from federal estate taxation, stating: Well before the Housing Act was passed, an exemption of property from all taxation had an understood meaning: the property was exempt from direct taxation, but certain…”
William F. Netsky, as of the Est. of Frank W. Netsky, Deceased v. United States, 859 F.2d 1 (3rd Cir. 1988). “653, 667 (1974) (codified as amended at 42 U.S.C. § 1437i(b) (1982)) expressed Congress’ “clear and strong intent” to make Project Notes such as those at issue here exempt from estate tax.”
Bd. of Cnty. Commissioners of Kay Cnty., Oklahoma v. Fed. Hous. Fin. Agency, 956 F. Supp. 2d 184 (D.D.C. 2013). “In Wells Fargo, the Supreme Court interpreted a provision of the Housing Act of 1937, 42 U.S.C. § 1437i(b), which attempted to stimulate housing financing by permitting state and local authorities to issue tax-free obligations called “Project Notes.”
— 42 U.S.C. § 1437i(b) — 9 cases
United States v. Wells Fargo Bank, 485 U.S. 351 (1988). “shall be exempt from all taxation now or hereafter imposed by the United States.”
Charles C. Haffner III & the N. Trust Co., as Executors of the Will of Charles C. Haffner, Jr., Deceased v. United States, 757 F.2d 920 (7th Cir. 1985). “On cross motions for summary judgment the district court, in a detailed and well reasoned opinion, held that the Project Notes were exempt from federal estate taxes under section 11(b) of the Housing Act of 1937, 42 U.S.C. § 1437i(b). Haffner v. United States, 585 F.”
Athens-Clarke Cnty. Unified Gov't v. Fed. Hous. Fin. Agency, 945 F. Supp. 2d 1401 (M.D. Ga. 2013). “890 , codified as amended at 42 U.S.C. § 1437i(b). According to that law, “obligations .”
Hertel v. Bank of Am. N.A., 897 F. Supp. 2d 579 (W.D. Mich. 2012). “” 42 U.S.C. § 1437i(b). Despite this exemption, the Court permitted the United States to enforce its estate tax against these notes.”
Hennepin Cnty. v. Fed. Nat'l Mortg. Ass'n, 933 F. Supp. 2d 1173 (D. Minnesota 2013). “In analyzing the statute, the Court explained: Well before the Housing Act was passed, an exemption of property from all taxation had an understood meaning: the property was exempt from direct taxation, but certain privileges of ownership, such as the right to transfer the…”
— 42 U.S.C. § 1437i(e)(l)(E) — 1 case
Linan-Faye Constr. Co., Inc. v. Hous. Auth. of the City of Camden, 49 F.3d 915 (3rd Cir. 1995). “42 U.S.C.S. § 1437i(e)(l)(E), (e)(4)(D) (1994).”
— 42 U.S.C. § 1437i(j)(2) — 1 case
Valentine Props. Assocs., LP v. United States Dep't of Hous. & Urban Dev., 785 F. Supp. 2d 357 (S.D.N.Y. 2011). “§ 1437i(j)(l) limits the Secretary’s discretion under 42 U.S.C. § 1437i(j)(2) is not supported by the text.”
— 42 U.S.C. § 1437i(j)(l) — 1 case
Valentine Props. Assocs., LP v. United States Dep't of Hous. & Urban Dev., 785 F. Supp. 2d 357 (S.D.N.Y. 2011). “§ 1437i(j)(l) limits the Secretary’s discretion under 42 U.S.C. § 1437i(j)(2) is not supported by the text.”
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