THE POWERS OF A COURT OF EQUITY IN STATE TAX LITIGATION

Authors

Maurice S. Culp, Lamar School of Law, Emory University

Abstract

Hitherto a state taxpayer, otherwise meeting the jurisdictional requirements of a federal district court, could secure an injunction from such a court upon a showing that there was no adequate remedy at law in the federal district court, and this regardless of the legal or equitable remedies afforded by the state courts.

In view of this recent legislation, it becomes important to ascertain the new limitation upon the equity powers of the federal district courts in state tax litigation. Likewise, because of these new rigid limitations upon the jurisdiction of the federal courts, the attitude of the state courts of equity toward intervention in tax litigation becomes more important than ever. Both these matters will be dealt with in this article.

Recommended Citation

Maurice S. Culp, THE POWERS OF A COURT OF EQUITY IN STATE TAX LITIGATION, 38 Mich. L. Rev. 610 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss5/3