First Nat. Bank v. City of New Orleans

555 So. 2d 1345, 1990 La. LEXIS 335, 1990 WL 8541
CourtSupreme Court of Louisiana
DecidedFebruary 5, 1990
Docket89-CA-2426
StatusPublished
Cited by20 cases

This text of 555 So. 2d 1345 (First Nat. Bank v. City of New Orleans) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Nat. Bank v. City of New Orleans, 555 So. 2d 1345, 1990 La. LEXIS 335, 1990 WL 8541 (La. 1990).

Opinion

555 So.2d 1345 (1990)

FIRST NATIONAL BANK OF COMMERCE
v.
The CITY OF NEW ORLEANS, et al.

No. 89-CA-2426.

Supreme Court of Louisiana.

February 5, 1990.
Rehearing Denied March 8, 1990.

*1346 Galen S. Brown, M. Lizabeth Talbott, Lamothe & Hamilton, Okla Jones, II, City Atty., William D. Aaron, Chief Deputy City Atty., Dan Zimmerman, Asst. City Atty., for defendant-appellant.

Thomas C. Keller, Edward D. Wegmann, for plaintiff-appellee.

MARCUS, Justice.

The City of New Orleans in 1983 assessed an ad valorem tax against the shares of stock of First National Bank of Commerce and Bank of New Orleans and Trust Company, as well as other local banks,[1] pursuant to La.R.S. 47:1967. First National Bank of Commerce and the Bank of New Orleans and Trust Company paid the bank share tax under protest, claiming that the tax was invalid because it did not provide a deduction for tax-exempt federal securities as required by 31 U.S.C. § 742 (1976) (current version 31 U.S.C. § 3124 (1982)) and the Supremacy Clause. U.S. Const. Art. VI, cl. 2. At that time, the United States Supreme Court was considering two cases involving the issue of whether 31 U.S.C. § 742 requires a deduction for tax-exempt federal securities. American Bank & Trust Co. v. Dallas County, 463 U.S. 855, 103 S.Ct. 3369, 77 L.Ed.2d 1072 (1983); First National Bank of Atlanta v. Bartow County Board of Tax Assessors, 470 U.S. 583, 105 S.Ct. 1516, 84 L.Ed.2d 535 (1985). In May 1983, First National Bank of Commerce and Bank of New Orleans and Trust Company entered into agreements with the City of New Orleans pursuant *1347 to La.R.S. 47:2110(C) in which the parties agreed to follow the Supreme Court's decisions in the above pending cases. Shortly thereafter, First National Bank of Commerce and Bank of New Orleans and Trust Company merged. The Supreme Court rendered a decision in American Bank in July 1983, holding that federal obligations should not be considered in computation of a state bank share tax. It then remanded Bartow County Bank to the Georgia Supreme Court for reconsideration in light of American Bank. On remand, the Georgia Supreme Court interpreted the bank share tax statute to allow a proportionate deduction of tax-exempt federal securities. It allowed a reduction of net worth by the percentage that federal securities are included in total assets. Bartow County Bank v. Bartow County Board of Tax Assessors, 251 Ga. 831, 312 S.E.2d 102 (1984). On appeal, the United States Supreme Court affirmed that judgment, holding that a proportionate deduction of federal securities is all that is constitutionally or statutorily required. First National Bank of Atlanta v. Bartow County Board of Tax Assessors, 470 U.S. 583, 105 S.Ct. 1516, 84 L.Ed.2d 535 (1985).

When the parties disagreed over the interpretation of the agreements in view of the United States Supreme Court's decisions, First National Bank of Commerce, on its own behalf, and as successor to Bank of New Orleans and Trust Company, filed suit against the City of New Orleans in the Civil District Court for the Parish of Orleans seeking specific performance of the agreements. Both parties filed motions for summary judgment. The motions were heard by a commissioner who found that the bank share tax statute, La.R.S. 47:1967,[2] was unconstitutional, as it did not allow a deduction for tax-exempt federal securities. He recommended to the judge that a judgment be rendered in favor of First National Bank of Commerce against the City of New Orleans granting the motion for summary judgment allowing the bank to recover from the city the full amount of taxes paid under protest with interest thereon at the rate of fifteen percent (15%) from the date of payment under protest until paid. The trial judge rendered a judgment ($1,421,472.50) in accordance with the recommendation of the commissioner. Because the trial court held that the statute is unconstitutional, the case was properly appealed by the City of New Orleans to this court. La. Const. art. 5, § 5(D).

An historical review will place the issue of state taxation of federal securities in perspective. The United States Supreme Court first addressed the issue in McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 4 L.Ed. 579 (1819), holding that a state tax on national banks' operations burdened the federal government and was unconstitutional under the Supremacy Clause. U.S. Const. Art. VI, cl. 2. State taxes imposed upon federal obligations also burden the federal government's ability to obtain credit by diminishing the value of federal securities and are therefore unconstitutional under the Borrowing Clause and the Supremacy Clause. Weston v. City Council of Charleston, 27 U.S. (2 Pet.) 449, 7 L.Ed. 481 (1829). Congress enacted the prohibition into law in 1862. Act of Feb. 25, 1862, ch. 33, § 2, 12 Stat. 346. This statute originally provided: "all stocks, bonds, Treasury notes, and other obligations of the United States shall be exempt from taxation by or under State or municipal or local authority." 31 U.S.C. § 742 (1952) (current version 31 U.S.C. § 3124 (1982)). Generally, the United States Supreme Court interpreted this statute to prohibit state taxation of federal obligations. Society For Savings v. Bowers, 349 U.S. 143, 75 S.Ct. 607, 99 L.Ed. 950 (1955). However, it did establish an exception, or the "separate incidents" rule, which allowed state taxation of property such as stock, franchises, or estates though their value *1348 may be based on assets including federal obligations. The exception is based on the reasoning that the tax is not imposed upon the ownership interest in the federal securities themselves. Werner Machine Co. v. Director of Taxation, 350 U.S. 492, 76 S.Ct. 534, 100 L.Ed. 634 (1956); Bowers, 349 U.S. at 148, 75 S.Ct. at 610. In 1959, Congress legislatively overruled this exception by amending the statute to prohibit all state taxation of federal obligations except nondiscriminatory franchise taxes, estate or inheritance taxes. 31 U.S.C. § 742 (1976).[3] In American Bank, the Court found that the statute as amended precludes direct or indirect consideration of federal obligations in the computation of state bank share taxes. 463 U.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Sidney Cheneau
Louisiana Court of Appeal, 2022
CDI CORP. v. Hough
9 So. 3d 282 (Louisiana Court of Appeal, 2009)
Cajundome Commission v. Meche
3 So. 3d 607 (Louisiana Court of Appeal, 2009)
Lindy Development, L.L.C. v. Degan
874 So. 2d 252 (Louisiana Court of Appeal, 2004)
Bourgeois v. Dunn
822 So. 2d 708 (Louisiana Court of Appeal, 2002)
Opinion Number
Louisiana Attorney General Reports, 2001
Buck's Run Enterprises, Inc. v. Mapp Const., Inc.
808 So. 2d 428 (Louisiana Court of Appeal, 2001)
Comm-Care Corp. v. Bishop
696 So. 2d 969 (Supreme Court of Louisiana, 1997)
Triangle Marine, Inc. v. Savoie
681 So. 2d 937 (Supreme Court of Louisiana, 1996)
Ducote v. City of Alexandria
670 So. 2d 1378 (Louisiana Court of Appeal, 1996)
Comm-Care Corp. v. Bishop
673 So. 2d 212 (Louisiana Court of Appeal, 1996)
McGoldrick v. Lou Ana Foods, Inc.
649 So. 2d 455 (Louisiana Court of Appeal, 1994)
Coon v. Anadrill/Schlumberger, Ltd.
640 So. 2d 705 (Louisiana Court of Appeal, 1994)
Epps v. City of Baton Rouge
604 So. 2d 1336 (Louisiana Court of Appeal, 1992)
PREMIER BANK, NAT. ASS'N v. Prevost Motors, Inc.
597 So. 2d 1136 (Louisiana Court of Appeal, 1992)
O & M Construction, Inc. v. State, Division of Administration
576 So. 2d 1030 (Louisiana Court of Appeal, 1991)
O & M CONST. v. State, Div. of Admin.
576 So. 2d 1030 (Louisiana Court of Appeal, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
555 So. 2d 1345, 1990 La. LEXIS 335, 1990 WL 8541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-v-city-of-new-orleans-la-1990.