Pollock v. Farmers' Loan & Trust Co.

Status

32 later cases cite Pollock v. Farmers' Loan & Trust Co.; 32 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Treatments

Overruled in part

• The Supreme Court confirmed that Pollock's rule immunizing interest on state bonds from a nondiscriminatory federal tax had been overruled.

  South Carolina v. Baker · Supreme Court of the United States · filed June 13, 1988

  We thus confirm that subsequent case law has overruled the holding in Pollock that state bond interest is immune from a nondiscriminatory federal tax.

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Questioned

• The Second Circuit questioned whether Pollock's state bond interest rule remained valid, but left the issue undecided.

  Goldin v. Baker · Second Circuit · filed January 12, 1987

  Whether the rule of Pollock has survived the ninety years since it was announced is questionable, see South Carolina v. Regan, 465 U.S. 367, 404-15, 104 S.Ct. 1107, 1127-34, 79 L.Ed.2d 372 (1984) (Stevens, J., dissenting). The passage of the Sixteenth Amendment to the Constitution in 1913 and numerous Supreme Court decisions since that time have cast doubt on the vitality of Pollock. We need not face this question, however, since we find that section 86 is not a tax on interest paid by the City.

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