Document Type

Article

Publication Date

3-30-2009

Publication Title

State Tax Notes

Publication Title (Abbreviation)

St. Tax Notes

Volume

51

First Page

1045

Last Page

1047

Abstract

What is a court trying to do when it interprets or applies a statute? This installment of my column looks at two different answers to that question, doing so through the lens of cases involving state and local tax statutes. Both approaches sometimes use the language of “intent,” so it becomes important for the state-local tax practitioner to understand, and to accommodate his or her arguments to the kind of intent that actually controls in the particular jurisdiction.

The first part describes the two approaches: subjective intent and objectified intent. The second part describes a middle position that some courts have embraced between the two pure poles of subjective and objectified intent. The third part offers suggestions as to how an attorney, accountant, or other tax representative can adapt his or her arguments in light of the way “intent” is used in the interpretational law of the given jurisdiction.

Rights

© 2009 Steve R. Johnson

Comments

First published in State Tax Notes.

Faculty Biography

http://www.law.fsu.edu/our-faculty/profiles/johnson

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