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Case history; Prior: 431 Md. 147, 64 A.3d 453 (2013); cert. granted, 572 U.S. 1134 (2014). Holding; Maryland's personal income tax scheme, which consists of a state and county income tax, violated the Commerce Clause because it did not allow a credit against the county income tax for income taxes paid to other states.
In the 1st century AD, Jewish Zealots in Judaea resisted the poll tax instituted by the Roman Empire. [3]: 1–7 Jesus was accused of promoting tax resistance prior to his torture and execution ("We found this fellow perverting the nation, and forbidding to give tribute to Cæsar, saying that he himself is Christ a King" — Luke 23:2). [4]
The Court of Appeals of Maryland found the law valid and that Miller Brothers Co. was liable for the tax. [2] Miller Brothers Co. appealed. Maryland's tax was a use tax; a 1944 Supreme Court case, McLeod v. J.E. Dilworth Co., [3] had ruled that a state could not levy a sales tax on sales made by a merchant in another state.
The shopkeeper's privilege does not include the power of search. [8] Some courts, however, have expanded this original common law privilege to also include the detention of criminal trespassers: "[t]he detention and removal of a criminal trespasser is an essential power of any shopkeeper or other property owner[.]" [9]
The OAH was created in 1990 by legislation enacted in 1989 to provide impartial and independent administrative law judges to hear agency cases. [4] Prior to that, each Maryland agency conducted its own hearings, an administrative process that was criticized as the deciding officer was either an employee or member of the agency, creating the possibility of a lack of impartiality. [4]
Courts of Maryland include: Maryland judicial circuit map State courts of Maryland. Supreme Court of Maryland [1] Appellate Court of Maryland [2] Maryland Circuit Courts (8 judicial circuits) [3] Maryland District Courts (34 locations in 12 judicial districts) [4] Federal courts located in Maryland. United States District Court for the District ...
In 1996, three of the four Atlantic provinces—New Brunswick, Newfoundland and Labrador, and Nova Scotia—entered into an agreement with the Government of Canada to implement what was initially termed the "blended sales tax" (renamed to "harmonized sales tax") which would combine the 7% federal GST with the provincial sales taxes of those provinces; as part of this project, the PST portion ...
Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827), was a significant United States Supreme Court case which interpreted the Import-Export and Commerce Clauses of the U.S. Constitution to prohibit discriminatory taxation by states against imported items after importation, rather than only at the time of importation. The state of Maryland passed ...