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DAVIS v. MICHIGAN DEPT. OF TREASURY

No. 87-1020.

489 U.S. 803 (1989)

DAVIS v. MICHIGAN DEPARTMENT OF THE TREASURY

Supreme Court of United States.

Decided March 28, 1989

Attorney(s) appearing for the Case

Paul S. Davis, pro se, argued the cause and filed briefs for appellant.

Michael K. Kellogg argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Fried, Assistant Attorney General Rose, Deputy Solicitor General Merrill, David English Carmack, and Steven W. Parks.

Thomas L. Casey, Assistant Solicitor General of Michigan, argued the cause for appellee. With him on the brief were Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Richard R. Roesch and Ross H. Bishop, Assistant Attorneys General.*

JUSTICE KENNEDY delivered the opinion of the Court.

The State of Michigan exempts from taxation all retirement benefits paid by the State or its political subdivisions, but levies an income tax on retirement benefits paid by all other employers, including the Federal Government. The question presented by this case is whether Michigan's tax scheme violates federal law.

I

Appellant Paul S. Davis, a Michigan resident, is a former employee of the United...

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