First Federal Savings & Loan Ass'n v. Noguera

86 P.R. 53
CourtSupreme Court of Puerto Rico
DecidedSeptember 20, 1962
DocketNo. 214
StatusPublished

This text of 86 P.R. 53 (First Federal Savings & Loan Ass'n v. Noguera) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Federal Savings & Loan Ass'n v. Noguera, 86 P.R. 53 (prsupreme 1962).

Opinion

Mr. Justice Rigau

delivered the opinion of the Court.

The Secretary of the Treasury notified the savings and loan association named “First Federal Savings and Loan Association of Puerto Rico”, petitioner herein, a tax assessment on personal property. The petitioner disagreed with the tax imposed on it on the ground that its property is exempt from same pursuant to § 5 (h) of the Federal Home Owners’ Loan Act of 1933, 48 Stat. 128, 12 U.S.C.A. § 1464 (h), and filed a complaint before the Superior Court. The latter upheld the validity of the tax.

In view of the allegations that follow, it is fitting to make clear at the beginning that the power of the Congress of the United States to exempt the instrumentalities of the Federal Government from taxation, is not at issue in this case. It is well known that Congress has the power to determine, within the limits of the Constitution, to what extent its instrumen-talities shall enjoy immunity from taxation. Federal Land Bank v. Kiowa County, 368 U.S. 146, 149 (1961); Carson v. Roane-Anderson Co., 342 U.S. 232 (1952); Cleveland v. United States, 323 U.S. 329 (1945); Maricopa County v. Valley National Bank, 318 U.S. 357 (1943); Federal Land Bank of St. Paul v. Bismarck Lumber Co., 314 U.S. 95 (1941); Pittman v. Home Owners’ Loan Corp., 308 U.S. 21 (1939); Graves v. New York ex rel. O’Keefe, 306 U.S. 466 (1939); Des Moines National Bank v. Fairweather, 263 U.S. 103 (1923); First National Bank v. Adams, 258 U.S. 362 (1922); Owensboro National Bank v. Owensboro, 173 U.S. 664 (1899).

[55]*55The issue revolves on whether or not the above-mentioned § 5(h) of the aforesaid Act of Congress exempts the savings and loan associations incorporated or which might be incorporated under the above-cited Act from the taxes imposed or which might be imposed by the Commonwealth of Puerto Rico. Let us turn presently to the text of the statute. In so far as pertinent, said § 5 (h) reads as follows:

“No State, Territorial, county, municipal, or local taxing authority shall impose any tax on such associations or their franchise, capital, reserves, surplus, loans, or income greater than that imposed by such authority on other similar local mutual or cooperative thrift and home financing institutions.” 12 U.S.C.A. § 1464 (h). (Italics ours.)1

Petitioner’s position before us is tripartite. It raises the following three contentions: (1) That it (the petitioner) is an instrumentality or agency of the Federal Government and, therefore, is exempt from state taxation; (2) that the power granted by the afore-cited § 5 (h) to the states and other local authorities to impose taxes on the federal savings and loan associations (such as the petitioner) does not operate in Puerto Rico because no local institution similar to petitioner exists here; and (3) that the above-mentioned power granted by § 5 (h) does not operate in Puerto Rico because an institution similar to the petitioner exists here, namely, the Puerto Rico Government Employees Association, which is exempt from taxation.

Thus, in its first contention petitioner maintains that there is no taxing power on the part of the Commonwealth in this case. In the second argument it acknowledges that there is said taxing power, but alleges that it does not operate because in Puerto Rico there does not exist a local institution similar to it. In its third contention it also admits that there is the taxing power, but alleges that it does not operate be[56]*56cause there exists in Puerto Rico a local institution similar to it, which is exempt from taxation. “Allegans contraria non est audiendus” the Romans used to say, but let us proceed in view of Rule 6.5 of the Rules of Civil Procedure.

1. As to contention number 1 above-mentioned, the truth is that the Commonwealth has the right to tax. The reading of the statute convinces us thereof. Upon approving the act on those terms, Congress expressly authorized the states and the other local taxing authorities to impose taxes on those federal savings and loan associations provided such taxes are not greater than those imposed on similar local institutions, that is, those incorporated under state laws. It is likewise acknowledged and explained by a well-known author in the field of savings and loan associations, Russell, Savings and Loan Associations 570-71,2 (M. Bender & Co., N.Y., 2d ed. 1960).

The cases have consistently upheld the foregoing construction. Several kinds of state and local taxes imposed on federal savings and loan associations have been upheld by the courts. It is proper to make clear that within the context of the act of Congress involved herein and that of this opinion, as well as of the case law we shall cite, when the term “federal” savings and loan association is used, what the word “federal” means is that those associations are incorporated under the above-mentioned federal Act and not under a state law. It does not mean that those institutions are property of the Federal Government nor that its officials and employees are in the payroll of said government. Conversely, when the [57]*57cases speak of state savings and loan associations, they refer to associations incorporated under state legislation.

Examples of that case law to which we have referred in the preceding paragraph and which is in accord with what we are deciding are the following eases: Capital tax, State v. MacCorkle, 123 S.E.2d 888 (1962); property tax, Charleston Federal Savings and Loan Association v. Anderson, 30 S.E.2d 513 (1944), affirmed in 324 U.S. 182, 89 L. Ed. 857 (1945); Charleston Fed. Sav. & Loan Ass’n v. James, 200 S.E. 845 (1939); and In Re Hancock County Fed. Sav. & Loan Ass’n, 25 S.E.2d 543 (1943); income tax, State v. Minnesota Fed. Sav. & Loan Ass’n, 15 N.W.2d 568 (1944); franchise tax, First Fed. Sav. & Loan Ass’n v. Johnson, 122 P.2d 84 (1942); employment security, Texas Unemployment Compensation Commission v. Metropolitan Building,

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86 P.R. 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-federal-savings-loan-assn-v-noguera-prsupreme-1962.