MITCHELL
v.
BOARD OF COMMISSIONERS OF LEAVENWORTH COUNTY, KANSAS
MITCHELL
BOARD OF COMMISSIONERS OF LEAVENWORTH COUNTY, KANSAS
91 U.S. 206
Supreme Court of the United States (1875)
Negative Treatment
Also reported at: 23 L. Ed. 302 · SCDB 1875-039 · 1875 U.S. LEXIS 1350
Cited by 29 cases
Opinion of the Court
' Mr. Chief Justice Waite delivered the opinion of the court.
We think the decision in this case was correct. United States notes are exempt' from taxation by or under state or municipal authority ; but a court of equity will not knowingly use its extraordinary powers to promote any such scheme as this plaintiff devised to escape his proportionate share of the burdens of taxation. His remedy, if he has any, is in a court of law.
The decree is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Chisholm v. Commissioner of Internal Revenue, 79 F.2d 14 (2d Cir. 1935)…d taxation will not establish his liability if the transaction docs not do so without it. It is true that that court has at times shown itself indisposed to assist such efforts, Mitchell v. Board of Commissioners of Leavenworth County, 91 U. S. 206, 23 L. Ed. 302, and has spoken of them disparagingly, Shotwell v. Moore, 129 U. S. 590, 9 S. Ct. 362, 32 L. Ed. 827; .but it has never, so far as we can find, made that purpose the basis of liability; and it has often said that it could not be such. The question a…
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Hibernia Sav. & Loan Soc'y v. San Francisco, 200 U.S. 310 (U.S. 1906)
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Shotwell v. Moore, 129 U.S. 590 (U.S. 1889)…avoiding, the payment of taxes pn the same, such notes are taxable in the county where such taxpayer resides; and such deposit or transfer is a fraud on the revenues of the county.” And this court in Mitchell v. Commissioners of Leavenworth County, 91 U. S. 206, denounces conduct precisely similar to that of the plaintiff in error in this case, in the following language: “ United States notes are exempt from taxation by or under state or municipal authority; but a court of equity will not knowingly use it…
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