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Brush Vs. Commissioner
Cites for this judgment
- US Supreme Court
- Mar 15, 1937
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U.S. 352 (1937) U.S. Supreme Court Brush v. CommissionerSearch
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U.S. 352 (1937) Brush v. CommissionerSearch
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does not stamp the function of supplying water as a private one. P. 300 U. S. 372 . 9. South Carolina v. UnitedSearch
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States, 199 U. S. 437 , 199 U. S. 461 -462, and Flint v. StoneSearch
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as it here is used, has been qualified by this Court in a variety of ways. Thus, in South Carolina v. UnitedSearch
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character, and did not extend to those used by the state in carrying on an ordinary private business. In Flint v. StoneSearch
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S. 172 , the immunity from taxation was related to the essential governmental functions of the state. In Helvering v. PowersSearch
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U. S. 362 in the business for what the state conceives to be the public benefit. Id. In United States v. CaliforniaSearch
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as used in the Flint v. StoneSearch
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actions arising from negligence in such operation. But the rule in respect of such cases, as we pointed out in Trenton v. NewSearch
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to federal taxation, because the maintenance of such a service is a governmental function. Indian Motocycle Co. v. UnitedSearch
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be strict or liberal or denied altogether is for the state which created the municipality alone to decide ( Detroit v. OsborneSearch
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Collector v. DaySearch
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Wall. 113, 78 U. S. 124 . And, as it was said in Texas v. WhiteSearch
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upon necessary implication, that neither may tax the governmental means and instrumentalities of the other. Collector v. DaySearch
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in harmony with implied constitutional principles Page 300 U. S. 365 of general application. Compare Workman v. NewSearch
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is fundamental, and we put aside the state decisions in tort actions as inapposite. Compare Atlantic Cleaners & Dyers v. UnitedSearch
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Continental Bank v. ChicagoSearch
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the decision of cases in respect of municipal activities of a different kind which may arise in the future. Cf. Euclid v. AmblerSearch
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Metcalf & Eddy v. MitchellSearch
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This Court upheld the statute. Clark v. NashSearch
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rule of appropriation or the common law rule in respect of riparian rights should obtain. California Oregon Power Co. v. CementSearch
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Co., 295 U. S. 142 , 295 U. S. 155 et seq. And in Kansas v. ColoradoSearch
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Cf. Hudson County Water Co. v. McCarterSearch
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New Orleans Gas Light Co. v. DrainageSearch
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Houck v. LittleSearch
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River Drainage District, 239 U. S. 254 , 239 U. S. 261 . In New Orleans v. MorrisSearch
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the bankruptcy statutes could not be extended to municipalities or other political subdivisions of a state. Ashton v. CameronSearch
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the case itself decided and the rehearing denied in the light of the issue thus definitely presented. Compare Binghmam v. UnitedSearch
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this Court said in Columbus v. MercantileSearch
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Page 300 U. S. 370 In Dunbar v. NewSearch
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In German Alliance Ins. Co. v. HomewaterSearch
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concerned, the water supply is a necessary auxiliary, and therefore partakes of their nature. New York ex rel. Rogers v. GravesSearch
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had a recent beginning. Page 300 U. S. 372 The principle finds illustration in our decision in Shoemaker v. UnitedSearch
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operates a highway. It may, if it choose, exact compensation for its use from those who travel over it ( see Bingaman v. GoldenSearch
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operation calls into exercise a governmental function. The contention is made that our decisions in South Carolina v. UnitedSearch
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but do not control in a subsequent case when the precise point is presented for decision. Osaka Shosen Kaisha Line v. UnitedSearch
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cited. The precise point is presented here, has been fully considered, and is decided otherwise. Neither Ohio v. HelveringSearch
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U. S. 360 , nor Helvering v. PowersSearch
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those cases from the one now under consideration. We have not failed to give careful consideration to Blair v. ByersSearch
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F.2d 326, and Denman v. Comm'rSearch
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that which we have expressed. To the extent of this conflict, those cases are disapproved. Both rely on South Carolina v. UnitedSearch
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States and Flint v. StoneSearch
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See Herron v. PittsburghSearch
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Jones v. SiouxSearch
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Twist v. RochesterSearch
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N.Y.S. 850. Compare Kunz v. TroySearch
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