Laurens Federal Savings and Loan Association v. South Carolina Tax Commission’s Empirical Analysis
1961
Citation profile
25 federal appellate · 8 state decisions
How this case has been cited
Cited by 71 later decisions (10 by the Supreme Court) — most recently October 2017 · most notably McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business Regulation (1990), Pennsylvania v. Union Gas Co. (1989)
25 federal appellate · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 12 U.S.C. § 1421 (Federal Home Loan Bank Act) · 12 U.S.C. § 1429 · 12 U.S.C. § 1433 · 12 U.S.C. § 1461 (Examination Parity and Year 2000 Readiness for Financial Institutions Act) · 12 U.S.C. § 1464 (Consumer Home Mortgage Assistance Act of 1974)
Relies on Moses Lake Homes, Inc. v. Grant County · Pittman v. Home Owners' Loan Corp. · Federal Land Bank of New Orleans v. Crosland · Payne v. Madigan
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Petitioner suggests that the Crosland case may be distinguished; that the Alabama tax was imposed on the lender, whereas the Maryland tax is on the privilege of recording the instrument and the statute is silent as to the one who shall pay the tax; also that the Federal Farm Loan Act expressly declared the mortgages of Federal Land Banks to be instrumentalities of the Federal Government. The Court of Appeals thought these differences to be immaterial. As to the first, the court rightly observed that in the Crosland case the provision for the payment of tax by the lender was regarded as having no determining significance. We said that ‘whoever pays it it is a tax upon the mortgage and that is what is forbidden by the law of the United States’.””
1 later decision quote this exact passage · from the majority““Regardless of who pays the documentary stamp taxes here at issue, the necessary effect of the taxes is to increase the cost of obtaining the advances of funds from the Home Loan Bank to be used in making loans to home owners. In its impact, therefore, this tax, whether nominally imposed on the Bank or on the petitioner, is bound to increase the cost of loans to home owners and thus contravene the basic purpose of Congress in insulating these advances from state taxation.””
1 later decision quote this exact passage · from the majority“It set up a system of federally chartered Home Loan Banks for the purpose, as stated in the House and Senate Committee Reports, of placing “long-term funds in the hands of local institutions” in order to alleviate the pressing need of home owners for “low-cost, long-term, installment mortgage money” and to “decrease costs of mortgage money” with a “resulting benefit to home ownership in the form of lower costs and more liberal loans.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.