Opinion

Brent Leasing Co. v. State Tax Assessor

  • 773 A.2d 457
  • 2001 ME 90
  • 2001 Me. LEXIS 93
  • 2001 WL 668418
Court
Supreme Judicial Court of Maine
Filed
Jun 15, 2001
Status
Published
Author
Dana
On the bench
Wathen, Clifford, Rudman, Dana, Saufley, Alexander, Calkins
Cited by
26 cases
Authority
More cited than 9.1%

stating that the four factors must be satisfied if a state wishes to tax “instru-mentalities of interstate commerce”

How later courts described this case

  • stating that the four factors must be satisfied if a state wishes to tax “instru-mentalities of interstate commerce”
  • Dana, L dissenting joined by Clifford, J.
  • reiterating narrow construction of tax exemptions

Written by the judges who cited it.

The opinion

DANA, J.,

with whom CLIFFORD, J., joins,

dissenting.

[¶ 18] I respectfully dissent.

[¶ 19] I agree that we should give the words “instrumentality of-interstate or foreign commerce” the meaning that the Legislature intended. Because a ship taking passengers from Maine waters into international waters and back is engaged in “foreign commerce”; see Lord v. S.S. Co., 102 U.S. 541, 544 , 26 L.Ed. 224 (1880); Bob-Lo Excursion Co. v. Michigan, 333 U.S. 28, 34-35 , 68 S.Ct. 358 , 92 L.Ed. 455 (1948); the vessel is unquestionably an “instrumentality of ... foreign commerce.” The Court reasons that because the Legislature may constitutionally impose a use tax on such a vessel, 36 M.R.S.A. § 1760 does not exempt the Friendship IV from taxation. This is a non sequitur. That a use tax would be permitted by the United States Constitution does not mean that the Legislature imposed such a tax. It is evident from the plain language used that the Legislature wanted to stay well clear of the taxation of the “instrumentalities] of interstate and foreign commerce.”

[¶20] The Maine Revenue Service’s effort to limit the exemption is understandable. The Legislature, however, did not qualify the exemption articulated in section 1760, and it is neither the Service’s function nor our function to craft such a qualification.

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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