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State taxation of out of state bonds

 

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Subject Author Date
State taxation of out of state bonds Drew Edmundson 02-21-2007
Posted by shedges on February 25, 2007, 5:19 am
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The power to tax is the power to destroy. Therefore, the
fed govt is not permitted to tax state/muni bonds and the
states are not allowed to tax the fed bonds. However, this
is a question of one state's ability to tax another state's
bonds.

Like the moderator, I'd say the Supreme Court will agree to
hear the case and Kentucky or any state, may not tax the
bonds/muni's of another state, as the power to tax is the
power to destroy. I think the reason this issue has not come
up before, is that the amount in question in these state tax
matters is usually to small for an individual to take to the
Supreme Court.

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Posted by Drew Edmundson on February 26, 2007, 1:13 am
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hedges@bloomington.com wrote:

> The power to tax is the power to destroy. Therefore, the
> fed govt is not permitted to tax state/muni bonds and the
> states are not allowed to tax the fed bonds. However, this
> is a question of one state's ability to tax another state's
> bonds.
>
> Like the moderator, I'd say the Supreme Court will agree to
> hear the case and Kentucky or any state, may not tax the
> bonds/muni's of another state, as the power to tax is the
> power to destroy. I think the reason this issue has not come
> up before, is that the amount in question in these state tax
> matters is usually to small for an individual to take to the
> Supreme Court.

I don't think the amounts are that small. For a particular
taxpayer, yes, but overall it is a lot of money. At least
here in NC the lawyers, one in particular, have been pretty
successful in making it a class action. Some have become
quite rich from the attorney's fees for the intangibles tax
case and our various government pension cases.

--
Drew Edmundson, CPA
Cary, NC

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Rich Carreiro on February 27, 2007, 4:14 pm
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shedges@bloomington.com writes:

> The power to tax is the power to destroy. Therefore, the
> fed govt is not permitted to tax state/muni bonds

I believe that is only by statute, and the feds could tax
state/muni bonds if the feds chose to.

> and the states are not allowed to tax the fed bonds.

That's constitutional, not statutory, and follows, IIRC,
from the supremacy clause.

--
Rich Carreiro rlcarr@animato.arlington.ma.us

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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