HACKMAN v. DIRECTOR OF REVENUE

No. 71628.

771 S.W.2d 77 (1989)

Frederick & Josephine HACKMAN, Appellants/Cross-Respondents, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent/Cross-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 15, 1989.


Attorney(s) appearing for the Case

P. Terence Crebs, Christopher M. Barclay, St. Louis, and Thomas R. Schwarz, Jr., Jefferson City, for appellants/cross-respondents.

J. Harlan Stamper, Joel Pelofsky, Gregory M. Bentz, Kansas City, and Randy Bakewell, Missouri Dept. of Revenue, Jefferson City, for respondent/cross-appellant.

Juan D. Keller, William D. Crampton, John E. Toma, St. Louis, and Michael J. Kator, Washington, D.C., for amici curiae.


ROBERTSON, Judge.

On March 28, 1989, the United States Supreme Court decided Davis v. Michigan Department of Treasury, ___ U.S. ___, 109 S.Ct. 1500, 103 L.Ed.2d 891 (1989). Davis held that Michigan's income taxation scheme, which exempted from taxation all retirement benefits paid by the state or its political subdivisions but levied an income tax on retirement benefits paid retired federal employees, violated 4 U.S.C. § 111.1...

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