Unifying the Nation: Article IV of the United States Constitution by Joseph F. Zimmerman

Author:Joseph F. Zimmerman [Zimmerman, Joseph F.]
Language: eng
Format: epub
ISBN: 9781438454597
Goodreads: 26760352
Publisher: State University of New York Press
Published: 2015-03-01T00:00:00+00:00

Exchange of Real Property

Colorado residents McLane Fisher and Sue R. Fisher challenged in the Magistrate Division of the Oregon Tax Court the Oregon Tax Department’s deficiency assessment for 1995, arising from a like-kind exchange of property under the U.S. Internal Revenue Code section 1031, and requested that the Magistrate Division enter a judgment that there is no personal income tax deficiency for 1995 flowing from the exchange of property.

The tax assessment was challenged on the grounds that it violates the Privileges and Immunities Clause, the Interstate Commerce Clause, and the Equal Protection of the Laws Clause of the U.S. Constitution, and section 32 of article I, and section 1 of article IX of the Oregon Constitution.

The Magistrate Division noted that the Privileges and Immunities Clause forbids discrimination against citizens of sister states unless there is a substantial reason for the discrimination, and granted the plaintiffs’ motion for summary judgment.56

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