Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Sales And Use Tax Court Decisions


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D

Diamond National Corp. v. State Board of Equalization . . . (1976)

Sales to National Banks for Prior Periods Not Subject to Tax

Plaintiffs were the sellers of business forms to a chartered national bank and the bank itself. The Board had collected sales tax from the sellers on sales of printed forms and other personal property to the bank. Plaintiffs contended that the legal incidence of the tax was on the bank and that, since the bank was exempt from the payment of sales tax under federal and state law, tax could not be applied to the sales. Despite uniform interpretation by California courts that the incidence of the sales tax is on the seller, the United States Supreme Court reversed the California Court of Appeal and found that the incidence of tax fell illegally upon the purchasing national bank. (The federal law was changed effective after the period involved in the case to permit the application of tax to sales to national banks.) Diamond National Corp. v. State Board of Equalization (1976) 425 U.S. 268, 47 L.Ed.2d 780.