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UNITED STATES v. CITY OF DETROIT

No. 26.

355 U.S. 466 (1958)

UNITED STATES ET AL. v. CITY OF DETROIT.

Supreme Court of United States.

Decided March 3, 1958.

Attorney(s) appearing for the Case

Roger Fisher argued the cause and was on a reply brief for the United States. Also on a brief were Solicitor General Rankin, Acting Assistant Attorney General Stull, Ralph S. Spritzer, J. Dwight Evans, Jr., A. F. Prescott and H. Eugene Heine, Jr. for the United States, and Glenn M. Coulter who submitted on the brief for the Borg-Warner Corporation (Detroit Gear Division), appellant.

Roger P. O'Connor argued the cause for appellee. With him on the brief were Andrew DiMaggio and Julius C. Pliskow.

MR. JUSTICE BLACK delivered the opinion of the Court.

The United States asks this Court to strike down as unconstitutional a tax statute of the State of Michigan as applied to a lessee of government property. In general terms this statute, Public Act 189 of 1953, provides that when tax-exempt real property is used by a private party in a business conducted for profit the private party is subject to taxation to the same extent as though he owned the property.

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