South Carolina v. Baker
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OR:

''South Carolina v. Baker'', 485 U.S. 505 (1988), was a
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
case in which the Court ruled that section 310(b)(1) of the
Tax Equity and Fiscal Responsibility Act of 1982 The Tax Equity and Fiscal Responsibility Act of 1982 (), also known as TEFRA, is a United States federal law that rescinded some of the effects of the Kemp-Roth Act passed the year before. Between summer 1981 and summer 1982, tax revenue fell b ...
(TEFRA) does not violate the
Tenth Amendment to the United States Constitution The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and the individual states share pow ...
.


Background

TEFRA continued the federal tax exemption for state bond interest as long as the bond is registered, with each seller and buyer being recorded for audit purposes. Anonymous bearer bonds, which often were used in
money laundering Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...
, were no longer exempt, however. South Carolina sued to have the federal tax advantage restored for all their bonds.


Decision

The
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
also ruled that a nondiscriminatory federal tax on the interest earned on state bonds does not violate the intergovernmental tax immunity doctrine, which permitted the federal taxation of interest income on bonds issued by state governments in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
. The Supreme Court stated that the contrary decision of the Court in the case of '' Pollock v. Farmers' Loan & Trust Co.'' (1895) had been "effectively overruled by subsequent case law."


Sources

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External links

* United States Supreme Court decisions that overrule a prior Supreme Court decision United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court United States taxation and revenue case law United States Tenth Amendment case law United States Supreme Court cases in 1988 Government bonds Taxation in South Carolina {{Tax-stub