NEW YORK v. YELLEN

Docket No. 19-3962-cv August Term, 2020.

15 F.4th 569 (2021)

State of NEW YORK, State of Connecticut, State of Maryland, State of New Jersey, Plaintiffs-Appellants, v. Janet YELLEN, in Her Official Capacity as Secretary of the United States Department of Treasury, United States Department of Treasury, Charles P. Rettig, in His Official Capacity as Commissioner of the United States Internal Revenue Service, United States Internal Revenue Service, and United States of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 5, 2021.


Attorney(s) appearing for the Case

Caroline A. Olsen , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, on the brief), for Letitia James , Attorney General for the State of New York, New York, NY, for Plaintiff-Appellant State of New York.

Mark F. Kohler , Assistant Attorney General, for William Tong , Attorney General for the State of Connecticut, Hartford, CT, for Plaintiff-Appellant State of Connecticut.

Steven M. Sullivan , Solicitor General, for Brian E. Frosh , Attorney General for the State of Maryland, Baltimore, MD, for Plaintiff-Appellant State of Maryland.

Jeremy Feigenbaum , Counsel to the Attorney General, for Gurbir S. Grewal , Attorney General for the State of New Jersey, Trenton, NJ, for Plaintiff-Appellant State of New Jersey.

Jean-David Barnea , Assistant United States Attorney ( Rebecca S. Tinio , Benjamin H. Torrance , Assistant United States Attorneys, on the brief), for Audrey Strauss , Acting United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.

Before: SACK, CHIN, and LOHIER, Circuit Judges.


The federal tax code's state and local tax ("SALT") deduction has long permitted taxpayers to deduct from their taxable income all the money they paid in state and local income and property taxes. In 2017, however, Congress passed the Tax Cuts and Jobs Act (the "2017 Tax Act" or the "Act"), Pub. L. No. 115-97, 131 Stat. 2054...

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