Summary

Portrait of John Paul Stevens John Paul Stevens California State Board of Equalization v…

It is evident that whatever immunity the bankruptcy estate once enjoyed from taxation on its operations has long since eroded and that there is now no constitutional impediment to the imposition of a sales tax or use tax on a liquidation sale. There is no claim, nor could there be, that the tax discriminates against bankruptcy trustees or those with whom they deal.
Source: Wikisource

Portrait of John Paul Stevens John Paul Stevens California State Board of Equalization v…

See Wurzel, Taxation During Bankruptcy Liquidation, 55 Harv.L.Rev. 1141, 1166-1169 (1942) (footnote omitted) (" [T] here is no implied immunity of a federal instrumentality from a state tax that is general and nondiscriminatory if its effects upon the Federal Government are merely 'incidental.' A general and nondiscriminatory tax on a trustee fulfills this requirement. . . . The tax does not place a financial burden upon the United States; nor will it-unless it is discriminatory and therefore unconstitutional-render the trustee's task more difficult or cumbersome")
Source: Wikisource

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