[DOWNLOAD] "State Compensation Fund V. Symington" by Arizona Supreme Court ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State Compensation Fund V. Symington
• Author : Arizona Supreme Court
• Release Date : January 23, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The State Compensation Fund (the Fund) filed this special action directly in this court seeking to have §§ 1, 2, and 8 of House Bill 2001 declared unconstitutional. It became effective June 30, 1992, see 1992 Ariz. Legis. Serv. 7th Spec. Sess., ch. 3. The challenged provisions: (1) amend the method of calculating the federal equivalency tax payable by the Fund; (2) impose an annual alternative minimum tax of $500,000 on the Fund; and (3) apply both of these new tax provisions retroactively to January 1, 1990. The Fund advances several bases to support its claim of unconstitutionality. The state*fn1 responds that the challenged provisions are valid and urged the court to decline to exercise its special action jurisdiction. Following oral argument, we accepted special action jurisdiction to resolve the issues presented by this case. We now hold that the alternative minimum tax sought to be imposed on the Fund is unconstitutional special legislation under the Arizona Constitution. Because the federal equivalency tax cannot be severed from the invalid alternative minimum tax, all three of the tax sections of the statute are invalid.

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