Boston Stock Exchange v. State Tax Commission

PETITIONER: Boston Stock Exchange
RESPONDENT: State Tax Commission
LOCATION: North Carolina Board of Agriculture

DOCKET NO.: 75-1019
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: New York Court of Appeals

CITATION: 429 US 318 (1977)
ARGUED: Nov 02, 1976
DECIDED: Jan 12, 1977

ADVOCATES:
Robert W. Bush - for appellees
Roger Pascal - for appellants

Facts of the case

Question

Media for Boston Stock Exchange v. State Tax Commission

Audio Transcription for Oral Argument - November 02, 1976 in Boston Stock Exchange v. State Tax Commission

Audio Transcription for Opinion Announcement - January 12, 1977 in Boston Stock Exchange v. State Tax Commission

Warren E. Burger:

The judgments and opinion of the Court in 75-1019, Boston Stock Exchange against the State Tax Commission will be announced by Mr. Justice White.

Byron R. White:

This case involves a New York State tax on the transfer of security under the law of what you understand is the ex-rated glory of the sale that is involved and takes place in New York that it takes place out of state.

The out of state exchanges and challenge the tax in New York Courts.

The New York Court of Appeals sustained the tax against a -- against the challenge that is based on a Commerce Clause.

We reverse that judgment.

In our view, the tax does represent discriminatory burden on the interstate commerce and then precisely, the kind of evil in which the Commerce Clause was in.

Accordingly, the judgment is reversed.

Warren E. Burger:

Thank you Mr. Justice White.