KERR v. KILLIAN

No. CV-03-0110-PR.

84 P.3d 446 (2004)

207 Ariz. 181

Clark J. KERR and Billie Sue Kerr, husband and wife, Susan Moran, Steve Allen and John Udall, individually and as representatives of the class comprised of federal employees who paid Arizona income taxes on federal retirement contributions during one or more of the years 1984 to date, Plaintiffs-Appellees, Cross-Appellants, v. Mark J. KILLIAN, in his capacity as Director of the Arizona Department of Revenue, the Arizona Department of Revenue of the State of Arizona, Defendants-Appellants, Cross-Appellees. State of Arizona ex rel., the Arizona Department of Revenue, Plaintiff-Appellant, Cross-Appellee, v. Clark J. Kerr and Billie Sue Kerr, husband and wife, Defendants-Appellees, Cross-Appellants. Clark J. Kerr and Billie Sue Kerr, husband and wife; and their Attorneys, Bonn, Luscher, Padden & Wilkins, Chartered and O'Neil, Cannon & Hollman, S.C., Counterclaimants-Appellees, Cross-Appellants, v. State of Arizona ex rel., the Arizona Department of Revenue, Counterdefendant-Appellant, Cross-Appellee.

Supreme Court of Arizona, En Banc.

February 13, 2004.


Attorney(s) appearing for the Case

Bonn & Wilkins, Chartered by Paul V. Bonn, Randall D. Wilkins, D. Michael Hall, Brian A. Luscher, Phoenix and O'Neil, Cannon & Hollman, S.C., by Eugene O. Duffy, Milwaukee, WI, Attorneys for Appellees, Cross-Appellants.

Terry Goddard, Attorney General, by Michael P. Worley, Phoenix, Attorneys for Appellant, Cross-Appellee.


OPINION

HURWITZ, Justice.

¶ 1 The question in this case is whether Arizona's income tax scheme violates the intergovernmental tax immunity doctrine because it effectively subjects federal employees' mandatory retirement contributions to current taxation, while deferring taxation of similar contributions by state and local employees. We conclude that the state income tax code does not discriminate against federal employees because of the source of their...

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