Chrysler Corporation v. City of New Orleans
Chrysler Corporation v. City of New Orleans, 114 So. 2d 579 (La. 1959).
Cited by
- City of New Orleans v. Baumer Foods, Inc. 532 So. 2d 1381 La. 1988
- Bill Roberts, Inc. v. McNamara 527 So. 2d 459 La. Ct. App. 5th Cir. 1988
- West Feliciana Parish School Board v. Gulf States Utilities Co. 486 So. 2d 808 La. Ct. App. 1st Cir. 1986
- Chrysler Corporation v. City of New Orleans 145 So. 2d 11 La. 1962
Opinion text
FOURNET, Chief Justice (concurring). While it seems illogical that one using in this state tangible personal property of which he is the owner must pay a use tax of 1% of the cost of the item, whereas one using this same property for the identical purpose under a lease agreement with a subsidiary of the owner, or any third party, need pay a tax of 1% on only the gross profits derived from the leased property, or on the price paid for the rental thereof, I feel, nevertheless, constrained to concur with the views expressed in the majority opinion, for, irrespective of any views I might entertain with respect to the definition of the word “use” in Section 1(e) 1 (“ ‘Use’ means and includes the exercise of any rights o.r power over tangible personal property incident to the ownership thereof,” if not otherwise limited or explained), as has been ably demonstrated in the majority opinion, the ordinance itself recognizes that although it is the use that is being taxed, the two categories of users ■ — owners and lessees — sought to be reached are to be taxed on a different rate basis, that is, cost in the case of owners, profit or rent in the case of lessees. (The emphasis has been supplied.)