Cited by
Opinions in Louisiana that cite Mouledoux v. Maestri, 2 So. 2d 11.
- Beer Industry League of Louisiana and Wine and Spirits Foundation of Louisiana, Inc. v. the City of New … 251 So. 3d 380 La. 2018
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Word of Life Christian Center v. West
936 So. 2d 1226
La. 2006
526 , held that a use tax is an integrated part of a sales tax, its purpose being to remove the buyer's temptation to place their orders in other states in *1234 an effort to escape payment of the tax on local sales.
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STATE FARM MUT. AUTO. INS. v. Berthelot
732 So. 2d 1230
La. 1999
526 , (1941); and Fontenot v. Searcy & Pfaff, Ltd., ).
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State Farm Mutual Automobile Insurance v. Berthelot
732 So. 2d 1230
La. 1999
526 , (1941); and Fontenot v. Searcy & Pfaff, Ltd., ).
- A.M.A. Distributors, Inc. v. School Board of the Parish of Iberville 729 So. 2d 765 La. Ct. App. 1st Cir. 1999
- State v. Crawford 672 So. 2d 197 La. Ct. App. 3d Cir. 1996
- Radiofone, Inc. v. City of New Orleans 630 So. 2d 694 La. 1994
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Cox Cable v. City of New Orleans
624 So. 2d 890
La. 1993
1476 , 108 L.Ed.2d 613 (1990); , (1941).
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Polk v. Edwards
626 So. 2d 1128
La. 1993
(1941), which considered this grant of authority to the city of New Orleans, the taxing power is vested in the legislature by the state and is delegated, rather than surrendered, to the city by its charter.
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Radiofone, Inc. v. City of New Orleans
616 So. 2d 1243
La. 1993
1476 , 108 L.Ed.2d 613 (1990); ( ACORN I )
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Reed v. City of New Orleans
593 So. 2d 368
La. 1992
1476 , 108 L.Ed.2d 613 (1990); , (1941), may not impose a sales, use or consumption tax in excess of 3 percent without legislative authorization and approval by the electors.
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Hildebrand v. City of New Orleans
549 So. 2d 1218
La. 1989
(1941), in which this court was presented with an attack on a municipal sales tax (one of the first in the nation) and applied Act 338 of 1936 to confirm the City's right to impose any tax not prohibited by the Constitution or preempted by state law.
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Bd. of Dir. of La. Recovery Dist. v. All Taxpayers, Property Owners, and Citizens of State
529 So. 2d 384
La. 1988
175, 183-86 , -02 (1971); *392 -42 , -17 (1941).
- City of New Orleans v. Scramuzza 507 So. 2d 215 La. 1987
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Emery v. City of New Orleans Through Rochon
473 So. 2d 877
La. Ct. App. 4th Cir. 1985
525, (1941); State v. Schofield, 136 La.
- Audubon Ins. Co. v. Bernard 434 So. 2d 1072 La. 1983
- Acorn v. City of New Orleans 407 So. 2d 1225 La. 1981
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State ex rel. Wright
408 So. 2d 1123
La. Ct. App. 1st Cir. 1981
601 ; , ; State v. Jones, 220 La.
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Bazley v. Tortorich
380 So. 2d 727
La. Ct. App. 4th Cir. 1980
526 , (1941); State v. Great Atlantic & Pacific Tea Co., 190 La.
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Acorn v. City of New Orleans
377 So. 2d 1206
La. 1979
(1941): "We have no right to review the policy or wisdom of legislation because our jurisdiction is confined to determining the applicability, legality or constitutionality of laws.
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Southern Pacific Transp. Co. v. Parish of Jefferson
315 So. 2d 619
La. 1975
175 , (1971); , (1941); certiorari denied, 259 La.
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McAllister v. City of New Orleans
231 So. 2d 368
La. 1970
(1941), to sustain this contention.
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D. & A. Construction Co. v. Jefferson Davis Parish School Board
207 So. 2d 542
La. Ct. App. 1st Cir. 1968
At page 640, the following language is found: ‘ [526], , this court quoted approvingly a declaration of the United States Supreme Court to the effect that a “use” tax is an integrated part of a sales tax, its purpose being to remove the buyer’s temptation to place their orders in other states in the effect to escape payment of the tax on local sales.
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Osborn Funeral Home, Inc. v. Louisiana State Board of Embalmers
194 So. 2d 185
La. Ct. App. 1st Cir. 1967
195 , (1941); , (1941); State v. Great Atlantic & Pacific Tea Co., 190 La.
- Reynolds v. Louisiana Board of Alcoholic Beverage Control 181 So. 2d 377 La. 1965
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Woodard v. Reily
152 So. 2d 41
La. 1963
We have no right to review the policy or wisdom of legislation, because our jurisdiction is confined to determining the applicability, legality or constitutionality of laws ( , ), but we cannot help but remark that we agree with the following excerpt from appellants brief on Page 24: — “The need for such orderly expenditure and some system of control is obvious.
- Halliburton Oil Well Cementing Co. v. Reily 127 So. 2d 502 La. 1961
- State Licensing Bd. of Con. v. State Civil Serv. Com'n 110 So. 2d 847 La. Ct. App. 1st Cir. 1959
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Roberts v. City of Baton Rouge
108 So. 2d 111
La. 1958
we had before us a question as to whether a sales tax was an excise tax or a license tax and distinguished between the two taxes as follows: "The license tax is paid by the party granted the privilege of pursuing a business, trade, vocation, calling, occupation or profession."
- Ewell v. Board of Supervisors of Louisiana State University 100 So. 2d 221 La. 1958
- Cosse v. City of New Orleans 99 So. 2d 508 La. Ct. App. 1st Cir. 1958
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Fontenot v. SEW Oil Corporation
95 So. 2d 638
La. 1957
this court quoted approvingly a declaration of the United States Supreme Court to the effect that a “use” tax is an integrated part of a sales tax, its purpose being to remove the buyers’ temptation to place their orders in other states in the effort to escape payment of the tax on local sales.
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State Ex Rel. Saint v. Toups
95 So. 2d 55
La. Ct. App. 1st Cir. 1957
601 ; , ; State v. Jones, 220 La.
- City of New Orleans v. Christian 87 So. 2d 6 La. 1956
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Marchese v. New Orleans Police Department
77 So. 2d 742
La. 1955
Southern Enterprises, Inc., v. Foster, 203 La.
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Chappuis v. Reggie
62 So. 2d 92
La. 1952
601 ; , ; State v. Jones, 220 La.
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State ex rel. Grosch v. Echezabal
58 So. 2d 398
La. 1952
601 ; , ; State v. Randall, 219 La.
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State v. Jones
56 So. 2d 724
La. 1951
601, 626 ; , ; and State v. Randall, 219 La.
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State v. Jones
56 So. 2d 724
La. 1951
601, 626 ; , ; and State v. Randall, 219 La.
- State v. Randall 53 So. 2d 689 La. 1951
- A. Sulka & Co. v. City of New Orleans 23 So. 2d 224 La. 1945
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Town of Abbeville v. Police Jury of Vermilion Parish
22 So. 2d 62
La. 1945
528 ; , ; State v. Theard, 203 La.