Opinion

Diamond National Corp. v. State Board of Equalization

  • 425 U.S. 268
  • 96 S. Ct. 1530
  • 47 L. Ed. 2d 780
  • 1976 U.S. LEXIS 45
Court
Supreme Court of the United States
Filed
May 24, 1976
Status
Published
On the bench
Rehnquist, Stevens
Cited by
37 cases
Authority
More cited than 89.8%

concluding a bank was exempt from taxes under a federal statute that “was in effect at the time here pertinent”

How later courts described this case

  • concluding a bank was exempt from taxes under a federal statute that “was in effect at the time here pertinent”
  • see dis. opn. of Mr. Justice Stevens at pp. 268-269 [47 L.Ed.2d at p. 782].

Written by the judges who cited it.

Distinguished

  • Distinguished by Occidental Life Insurance v. State Board of Equalization, 135 Cal. App. 3d 845 (1982)

    (425 U.S. 268) are inapplicable at bench.
    California Court of AppealSep 16, 1982Read it

The opinion

Per Curiam.

The judgment is reversed. We are not bound by the California court’s contrary conclusion and hold that the incidence of the state and local sales taxes falls upon the national bank as purchaser and not upon the vendors. The national bank is therefore exempt from the taxes under former 12 U. S. C. § 548 (1964 ed.), which was in effect at the time here pertinent. First Agricultural Nat. Bank v. Tax Comm’n, 392 U. S. 339, 346-348 (1968).

Reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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