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Safe Deposit and Trust Co. Vs. Commonwealth

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  • US Supreme Court
  • Nov 25, 1929

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  1. Buck Vs. Beach US Supreme Court · May 27, 1907
  2. Maguire Vs. Trefry US Supreme Court · Apr 02, 1920
  3. Frick Vs. Pennsylvania US Supreme Court · Jun 01, 1925
  4. Citizens Nat'l Bank Vs. Durr US Supreme Court · Nov 07, 1921
  5. Kidd Vs. Alabama US Supreme Court · Feb 23, 1903
  6. Blodgett Vs. Silberman US Supreme Court · Apr 16, 1928
    Relied / Followed
  7. Kirtland Vs. Hotchkiss US Supreme Court · Jan 01, 1879
  8. Swiss Oil Corp. Vs. Shanks US Supreme Court · Feb 21, 1927
  9. Wheeler Vs. Sohmer US Supreme Court · Apr 20, 1914
  10. Union Refrigerator Transit Co. Vs. Kentucky US Supreme Court · Nov 13, 1905
  11. Safe Deposit & Trust Co. v. Commonwealth
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  12. U.S. 83 (1929) U.S. Supreme Court Safe Deposit & Trust Co. v. Commonwealth
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  13. U.S. 83 (1929) Safe Deposit & Trust Co. v. Commonwealth
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  14. of the trust company -- holder of the legal title. That they are property within Maryland is not questioned. De Ganay v. Lederer
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  15. personam may be applied in order to determine the situs of intangible personal property for taxation. Blodgett v. Silberman
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  16. result in inescapable and patent injustice, whether through double taxation or otherwise. State Board of Assessors v. Comptoir
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  17. Ins. Co. v. Orleans
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  18. in the securities actually owned by one of her resident citizens is not now presented for consideration. See Maguire v. Trefry
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  19. wholly beyond her jurisdiction or control conflicts with the Fourteenth Amendment. Union Refrigerator Transit Co. v. Kentucky
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  20. Wachovia Bank & Trust Co. v. Doughton
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  21. permanently located beyond the owner's domicile may not be taxed at the latter place. Union Refrig. Transit Co. v. Kentucky
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  22. personal property may acquire a taxable situs where permanently located, employed, and protected. New Orleans v. Stemple
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  23. Bristol v. Washington
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  24. State Board of Assessors v. Comptoir
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  25. Metropolitan Life Ins. Co. v. New
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  26. Liverpool & L. & G. Ins. Co. v. Orleans
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  27. at the latter's domicile in another state. We think not. The reasons which led this Court in Union Refrig. Transit Co. v. Kentucky
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  28. U. S. 194 , and Frick v. Pennsylvania
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  29. No opinion of this Court seems definitely to rule the exact point now presented. Blackstone v. Miller
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  30. have taxable situs within her borders, under the will of a citizen of Illinois. Page 280 U. S. 94 In Wheeler v. Sohmer
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  31. the tax was not laid at the owner's domicile, but by the state wherein the securities were deposited. Bullen v. Wisconsin
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  32. but the creator had retained full power to revoke the trust and regain control. Fidelity & Columbian Trust Co. v. Louisville
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  33. the deposits in St. Louis banks, and might have brought the entire fund within Kentucky's jurisdiction. In Blodgett v. Silberman
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  34. possession and control there, and so is forbidden as an attempt to tax property without the jurisdiction. Brooke v. Norfolk
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  35. presented by the record, and so, under the settled rule of decision of this Court, ought not now to be decided. Burton v. United
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  36. Blair v. United
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  37. Flint v. Stone-Tracy
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  38. Light v. United
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  39. if the threat of double taxation were controlling, which, under the decisions, it is not, Fidelity & Columbia Tr. Co. v. Louisville
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  40. Cream of Wheat Co. v. Grand
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  41. Swiss Oil Corp. v. Shanks
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  42. affect the right of Virginia by reason of anything that I know of in the Constitution of the United States. Bonaparte v. Appeal
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  43. Hawley v. Malden
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  44. Citizens National Bank v. Durr
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  45. U. S. 1 , 277 U. S. 10 . Compare with the last case Wheeler v. Sohmer
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  46. to tangibles that in a plain and obvious way owed their protection to another power. Union Refrigerator Transit Co. v. Kentucky
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  47. It opens vistas to extend the restriction to stocks and bonds in a way that I cannot reconcile with Blodgett v. Silberman
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  48. by reference to the riches of the person taxed, on grounds not of fiction, but of fact. Fidelity & Columbia Trust Co. v. Louisville
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  49. on the wrong thing. The owner may be taxed for it although it never has been within the state. Southern Pacific Co. v. Kentucky
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  50. may tax the owner of bonds of another state, although it certainly contributes nothing to their validity. Bonaparte v. Appeal
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