U.S. v. KABEISEMAN

No. 91-8032.

970 F.2d 739 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Earl KABEISEMAN, Director of Revenue, State of Wyoming; Wyoming Department of Revenue and Taxation; State of Wyoming, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 21, 1992.


Attorney(s) appearing for the Case

John J. McCarthy, Atty., Tax Div. (Shirley D. Peterson, Asst. Atty. Gen., and Gary R. Allen, David English Carmack, and David M. Katinsky, Attys., Tax Div., Dept. of Justice, Washington, D.C., with him on the brief, Richard Allen Stacy, U.S. Atty., of counsel), Cheyenne, Wyo., for plaintiff-appellant.

Matthew D.C.P. Meuli, Asst. Atty. Gen. (Vicci M. Colgan, Sr. Asst. Atty. Gen., with him on the brief), Cheyenne, Wyo., for defendants-appellees.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and HUNTER, Senior District Judge.


McWILLIAMS, Senior Circuit Judge.

This case has its roots in McCulloch v. Maryland, 17 U.S. (4 Wheaton) 316, 4 L.Ed. 579 (1819). In McCulloch, the Supreme Court held that under the Supremacy Clause of the United States Constitution, Article VI, clause 2, a law passed by the state legislature of Maryland imposing a tax on a branch of the Bank of the United States located in Maryland was "unconstitutional and void." In so doing, Chief Justice Marshall...

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