Society for Savings in the City of Cleveland v. Bowers, Tax Commissioner of Ohio (349 U.S. 143)

U.S. Supreme Court · decided May 16, 1955 · Supreme Court Database (Spaeth)

Citation
349 U.S. 143 · 75 S. Ct. 607
Docket
No. 204
Argued
March 28, 1955
Decided
May 16, 1955
Term
October Term 1954
Vote
8–0
Majority author
Justice Harlan II
Issue area
Economic Activity
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Conservative
Constitutional ruling
State/territorial law held unconstitutional

How the Justices voted

Majority
Chief Justice Warren, Justice Harlan (wrote), Justice Black, Justice Douglas, Justice Clark, Justice Frankfurter, Justice Reed, Justice Minton

Opinion on Justia

Opinion excerpt

Mr. Justice Harlan delivered the opinion of the Court. In 1829 this Court decided in Weston v. City Council of Charleston, 2 Pet. 449, that obligations of the Federal Government are immune from state taxation. This rule, aimed at protecting the borrowing power of the United States from state encroachment, was derived from the “Borrowing” and “Supremacy” Clauses of the Constitution, and the constitutional doctrines announced in McCulloch v. Maryland, 4 Wheat. 316 (1819). It was subsequently embodied in a succession of federal statutes, the existing statute being R. S. § 3701, 31 U. S. C. § 742. The rule has been carried forward to embrace indirect taxation of such obligations through their inclusion in a tax imposed on all the property of a taxpayer. It is quite immaterial that the state tax does not discriminate against the federal obligations. New York ex rel. Bank of Commerce v. Commissioners of Taxes, 2 Black 620 (1863); Bank Tax Case, 2 Wall. 200 (1865); Farmers & Mechanics Savings Bank v. Minnesota, 232 U. S. 516 (1914); New Jersey Realty Title Ins. Co. v. Division of Tax Appeals, 338 U. S. 665 (1950). The two cases now before us involve the application of that rule, in a somewhat novel situation. Society for Savings in the City of Cleveland and First Federal Savings and Loan Association of Warren, two mutual savings banks having no capital stock or shareholders, and…

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