First Nat. Bank of Maywood v. Jones
Decision Date | 01 April 1971 |
Docket Number | No. 43141,43141 |
Citation | 48 Ill.2d 282,269 N.E.2d 494 |
Parties | The FIRST NATIONAL BANK OF MAYWOOD et al., Appellants, v. Theodore A. JONES, Director of Revenue, et al., Appellees. |
Court | Illinois Supreme Court |
Kenart M. Rahn, Chicago, for appellants.
William J. Scott, Atty. Gen., Springfield , for appellees.
The plaintiffs, First National Bank of Maywood and National Bank of Austin, both of which are national banking associations created pursuant to the United States Code on Banks and Baning (Title 12, U.S.C. § 21) brought suit in the circuit court of Cook County individually and in a representative capacity on behalf of all other national banks in Illinois similarly situated, against the Director of Revenue of the State of Illinois, the State Treasurer, the Attorney General and various vendors and lessors of tangible personal property to the plaintiffs. The suits, which were consolidated in the circuit court, charged that the plaintiffs were required to pay Illinois use and occupation taxes by reason of unauthorized, illegal and unconstitutional rules and collection procedures initiated and enforced by the defendant Director of Revenue. They alleged that the effect of the enforcement of these rules and procedures has been to tax beyond and in excess of the limited consent given by Congress to the States under Title 12 U.S.C. § 548. Thereby the plaintiffs were and are being deprived, the complaints said, of constitutional rights assured under the Federal and State constitutions. In an amendment to the complaints the plaintiffs also charged that the taxes imposed upon them violated the Illinois Retailer's Occupation Tax Act (Ill.Rev.Stat.1967, ch. 120, par. 441) and the 'Robinson-Patman Act' (Title 15 U.S.C. § 13). The complaints asked that the Director of Revenue be restrained from collecting occupation and use taxes from the plaintiffs, that the suppliers, I.e., the vendors and lessors, be directed to pay under protest any sums which may be collected from national bank customers in the future, that the suppliers be directed to file claims for refunds of taxes heretofore paid, and the complaints asked that the following tax statutes, I.e., insofar as they apply to the purchases or leases of tangible property by the plaintiffs, be declared unconstitutional. The Director of Revenue filed a motion to strike and dismiss the consolidated complaints, which was sustained by the circuit court and the complaints dismissed. The plaintiffs have appealed to this court since a controversy involving revenue of the State of Illinois is involved and questions under the constitution of the United States and that of the State of Illinois are presented. See Ill.Rev.Stat.1969, ch. 110A, par. 302(a)(1) and (2).
The plaintiffs argue that they purchased or leased tangible personal property as customers of the defendant suppliers in the State of Illinois and have been required to pay occupation and use taxes in violation of the limited authority to tax given to the States under section 548 of Title 12 on Banks and Banking, (Title 12, U.S.C. § 548). They have been required to pay these taxes because the Use and Occupation Tax Acts, and the interpretation of them by the State, authorizes the supplier to collect any tax due from the purchaser. This has the effect, they contend, of imposing the legal incidence or liability (see Federal Land Bank of St. Paul v. Bismarck Lumber Co., 314 U.S. 95, 62 S.Ct. 1, 86 L.Ed. 65; and First Agricultural National Bank of Berkshire County v. State Tax Com., 353 Mass. 172, 229 N.E.2d 245) for these taxes upon national banks contrary to the holding in First Agricultural National Bank of Berkshire County v. State Tax Com., 392 U.S. 339, 88 S.Ct. 2173, 20 L.Ed.2d 1138. They also again charge that the imposition of these local taxes results in price discrimination in violation of the 'Robinson-Patman Act.' Title 15 U.S.C. § 13.
In First Agricultural National Bank of Berkshire County, the Supreme Court held that where the legal incidence of sales or use taxes would fall upon a national bank as a purchaser, the bank is immune from these taxes because they are not among those which a State was authorized by Congress under section 548 of Title 12 to impose on a national bank. The court said: (392 U.S. 339, 346, 88 S.Ct. 2173, 2177, 20 L.Ed.2d 1138, 1143, 1144.) The court determined that the legal incidence of the tax clearly fell on the purchaser, saying: ...
To continue reading
Request your trial-
Town of Cicero v. Fox Valley Trotting Club, Inc., 47735
...previous decisions in National Bank of Hyde Park v. Isaacs, 27 Ill.2d 205, 207, 188 N.E.2d 704, and First National Bank of Maywood v. Jones, 48 Ill.2d 282, 288, 269 N.E.2d 494, 497, wherein we stated that 'the custom of passing the (tax) burden to the buyer by means of a price increase does......
-
S. Bloom, Inc. v. Korshak
...economic burden of a tax may fall is not a circumstance affecting the question where its legal incidence rests. In First National Bank of Maywood v. Jones, 48 Ill.2d 282, we noted that the fact that the consumer there bore the economic burden of the tax was not relevant to the question wher......
-
Commonwealth Edison Co. v. Community Unit School Dist. No. 200, DuPage County
...U.S. 39, 84 S.Ct. 1518, 12 L.Ed.2d 713 (1964); Marquardt Corp. v. Weber, 360 F.2d 168, 171 (10th Cir. 1966); First Nat. Bk. of Maywood v. Jones, 48 Ill.2d 282, 269 N.E.2d 494 (1971). The school district argues that, since the burden of the tax is passed on to it, it is the 'taxpayer,' citin......
-
Snohomish County Public Utility Dist. No. 1 v. Broadview Television Co., 44660
...we avoid the question whether federal courts have exclusive jurisdiction of actions under these statutes. See First Nat'l Bank v. Jones, 48 Ill.2d 282, 269 N.E.2d 494 (1971); Vaughn & Co., Ltd. v. Saul, 143 Ga.App. 74, 237 S.E.2d 622 (1977); Harold Butler Enterprises # 97, Inc. v. Vanlandin......