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SUPREME COURT OF THE UNITED STATES
_________________
No. 17–419
_________________
JAMES DAWSON, et ux., PETITIONERS
v.
DALE W. STEAGER, WEST VIRGINIA STATE TAX COMMISSIONER
on writ of certiorari to the supreme court of
appeals of west virginia
[February 20, 2019]
Justice Gorsuch delivered the opinion of the
Court.
If you spent your career as a state law
enforcement officer in West Virginia, you’re likely to be eligible
for a generous tax exemption when you retire. But if you served in
federal law enforcement, West Virginia will deny you the same
benefit. The question we face is whether a State may discriminate
against federal retirees in that way.
For most of his career, James Dawson worked in
the U. S. Marshals Service. After he retired, he began looking
into the tax treatment of his pension. It turns out that his home
State, West Virginia, doesn’t tax the pension benefits of certain
former state law enforcement employees. But it does tax the
benefits of all former federal employees. So Mr. Dawson brought
this lawsuit alleging that West Virginia violated 4
U. S. C. §111. In that statute, the United States has
consented to state taxation of the “pay or compensation” of
“officer[s] or employee[s] of the United States,” but only if the
“taxation does not discriminate against the officer or employee
because of the source of the pay or compensation.” §111(a).
Section 111 codifies a legal doctrine almost as
old as the Nation. In
McCulloch v.
Maryland, 4 Wheat.
316 (1819), this Court invoked the Constitution’s Supremacy Clause
to invalidate Maryland’s effort to levy a tax on the Bank of the
United States. Chief Justice Marshall explained that “the power to
tax involves the power to destroy,” and he reasoned that if States
could tax the Bank they could “defeat” the federal legislative
policy establishing it.
Id., at 431–432. For the next few
decades, this Court interpreted
McCulloch “to bar most
taxation by one sovereign of the employees of another.”
Davis v.
Michigan Dept. of Treasury,
489 U.S.
803, 810 (1989). In time, though, the Court softened its stance
and upheld neutral income taxes—those that treated federal and
state employees with an even hand. See
Helvering v.
Gerhardt,
304 U.S.
405 (1938);
Graves v.
New York ex rel. O’Keefe,
306 U.S.
466 (1939). So eventually the intergovernmental tax immu- nity
doctrine came to be understood to bar only
discrimina- tory
taxes. It was this understanding that Congress “consciously
. . . drew upon” when adopting §111 in 1939.
Davis, 489 U. S., at 813.
It is this understanding, too, that has animated
our application of §111. Since the statute’s adoption, we have
upheld an Alabama income tax that did not discriminate on the basis
of the source of the employees’ compensation.
Jefferson
County v.
Acker,
527 U.S.
423 (1999). But we have invalidated a Michigan tax that
discriminated “in favor of retired state employees and against
retired federal employees.”
Davis, 489 U. S., at 814.
We have struck down a Kansas law that taxed the retirement benefits
of federal military personnel at a higher rate than state and local
government retirement benefits.
Barker v.
Kansas,
503 U.S.
594, 599 (1992). And we have rejected a Texas scheme that
imposed a property tax on a private company operating on land
leased from the federal government, but a “less burdensome” tax on
property leased from the State.
Phillips Chemical Co. v.
Dumas Independent School Dist.,
361
U.S. 376, 378, 380 (1960).
Mr. Dawson’s own attempt to invoke §111 met with
mixed success. A West Virginia trial court found it “undisputed”
that “there are no significant differences between Mr. Dawson’s
powers and duties as a US Marshal and the powers and duties of the
state and local law enforcement officers” that West Virginia
exempts from income tax. App. to Pet. for Cert. 22a. In the trial
court’s judgment, the State’s statute thus represented “precisely
the type of favoritism” §111 prohibits.
Id., at 23a. But the
West Virginia Supreme Court of Appeals saw it differ- ently. In
reversing, the court emphasized that relatively few state employees
receive the tax break denied Mr. Dawson. The court stressed, too,
that the statute’s “intent . . . was to give a benefit to
a narrow class of state retirees,” not to harm federal retirees.
Id., at 15a. Because cases in this field have yielded
inconsistent results, much as this one has, we granted certiorari
to afford additional guidance. 585 U. S. ___ (2018).
We believe the state trial court had it right.
A State violates §111 when it treats retired state employees more
favorably than retired federal employees and no “significant
differences between the two classes” justify the differential
treatment.
Davis, 489 U. S., at 814–816 (1989)
(internal quotation marks omitted);
Phillips Chemical Co.,
361 U. S., at 383. Here, West Virginia expressly affords state
law enforcement retirees a tax benefit that federal retirees cannot
receive. And before us everyone accepts the trial court’s factual
finding that there aren’t any “significant differences” between Mr.
Dawson’s former job responsibilities and those of the tax-exempt
state law enforcement retirees. Given all this, we have little
difficulty concluding that West Virginia’s law unlawfully
“discriminate[s]” against Mr. Dawson “because of the source of
[his] pay or compensation,” just as §111 forbids.
The State offers this ambitious rejoinder. Even
if its statute favors some state law enforcement retirees, the
favored class is very small. Most state retirees are treated no
better than Mr. Dawson. And this narrow preference, the State
suggests, should be permitted because it affects so few people that
it couldn’t meaningfully interfere with the operations of the
federal government.
We are unpersuaded. Section 111 disallows
any state tax that discriminates against a federal officer
or employee—not just those that seem to us especially cumbersome.
Nor are we inclined to accept West Virginia’s invitation to adorn
§111 with a new and judicially manufactured qualification that
cannot be found in its text. In fact, we have already refused an
almost identical request. In
Davis, we rejected Michigan’s
suggestion that a discriminatory state income tax should be allowed
to stand so long as it treats federal employees or retirees the
same as “the vast major- ity of voters in the State.” 489
U. S., at 815, n. 4. We rejected, too, any suggestion
that a discriminatory tax is permissible so long as it “does not
interfere with the Federal Government’s ability to perform its
governmental functions.”
Id., at 814. In fact, as long ago
as
McCulloch, Chief Justice Marshall warned against
enmeshing courts in the “perplexing” business, “so unfit for the
judicial department,” of attempting to delineate “what degree of
taxation is the legitimate use, and what degree may amount to the
abuse of power.” 4 Wheat., at 430.
That’s not to say the breadth or narrowness of a
state tax exemption is irrelevant. Under §111, the scope of a
State’s tax exemption may affect the scope of its resulting duties.
So if a State exempts from taxation all state employees, it must
likewise exempt all federal employees. Conversely, if the State
decides to exempt only a narrow subset of state retirees, the State
can comply with §111 by exempting only the comparable class of
federal retirees. But the narrowness of a discriminatory state tax
law has never been enough to render it necessarily lawful.
With its primary argument lost, the State now
proceeds more modestly. Echoing the West Virginia Supreme Court of
Appeals, the State argues that we should uphold its statute because
it isn’t intended to harm federal retirees, only to help certain
state retirees. But under the terms of §111, the “State’s interest
in adopting the discriminatory tax, no matter how substantial, is
simply irrelevant.”
Davis, 489 U. S., at 816. We can
safely assume that discriminatory laws like West Virginia’s are
almost always enacted with the purpose of benefiting state
employees rather than harming their federal counterparts. Yet that
wasn’t enough to save the state statutes in
Davis,
Barker, or
Phillips, and it can’t be enough here.
Under §111 what matters isn’t the intent lurking behind the law but
whether the letter of the law “treat[s] those who deal with” the
federal government “as well as it treats those with whom [the
State] deals itself.”
Phillips Chemical Co., 361 U. S.,
at 385.
If treatment rather than intent is what matters,
the State suggests that it should still prevail for other reasons.
Section 111 prohibits “discriminat[ion],” something we’ve often
described as treating similarly situated persons differently. See
Davis, 489 U. S., at 815–816;
Phillips Chemical
Co., 361 U. S., at 383. And before us West Virginia
insists that even if retired U. S. Marshals and tax-exempt
state law enforcement retirees had similar job responsibilities,
they aren’t “similarly situated” for other reasons. Put another
way, the State contends that the difference in treatment its law
commands doesn’t qualify as unlawful discrimination because it is
“directly related to, and justified by,” a lawful and “significant
difference” between the two classes.
Davis, 489 U. S.,
at 816 (internal quotation marks and alteration omitted).
In approaching this argument, everyone before us
agrees on at least one thing. Whether a State treats similarly
situated state and federal employees differently depends on how the
State has defined the favored class. See
id., at 817. So if
the State defines the favored class by reference to job
responsibilities, a similarly situated fed- eral worker will be one
who performs comparable duties. But if the State defines the class
by reference to some other criteria, our attention should naturally
turn there. If a State gives a tax benefit to all retirees over a
certain age, for example, the comparable federal retiree would be
someone who is also over that age.
So how has West Virginia chosen to define the
favored class in this case? The state statute singles out for
preferential treatment retirement plans associated with West
Virginia police, firefighters, and deputy sheriffs. See W. Va. Code
Ann. §11–21–12(c)(6) (Lexis 2017). The distinguishing
characteristic of these plans is the nature of the jobs previously
held by retirees who may participate in them; thus, a similarly
situated federal retiree is someone who had similar job
responsibilities to a state police officer, firefighter, or deputy
sheriff. The state trial court correctly focused on this point of
comparison and found no “significant differences” between Mr.
Dawson’s former job responsibilities as a U. S. Marshal and
those of the state law enforcement retirees who qualify for the tax
exemption. App. to Pet. for Cert. 22a. Nor did the West Virginia
Supreme Court of Appeals upset this factual finding. So looking to
how the State has chosen to define its favored class only seems to
confirm that it has treated similarly situated persons differently
because of the source of their compensation.
Of course, West Virginia sees it otherwise. It
accepts (for now) that its statute distinguishes between persons
based on their former job duties. It accepts, too, the trial
court’s finding that Mr. Dawson’s former job responsibilities are
materially identical to those of state retirees who qualify for its
tax exemption. But, the State submits, Mr. Dawson’s former job
responsibilities are
also similar to those of other state
law enforcement retirees who
don’t qualify for its tax
exemption. And, the State insists, the fact that it treats federal
retirees no worse than (some) similarly situated state employees
should be enough to save its statute.
But this again mistakes the nature of our
inquiry. Under §111, the relevant question isn’t whether federal
retirees are similarly situated to state retirees who
don’t
receive a tax benefit; the relevant question is whether they are
similarly situated to those who
do. So, for example, in
Phillips we compared the class of federal lessees with the
favored class of state lessees, even though the State urged
us to focus instead on the disfavored class of private lessees. 361
U. S., at 381–382. In
Davis, we likewise rejected the
State’s effort to compare the class of federal retirees with state
residents who did not benefit from the tax exemption rather than
those who did. See 489 U. S., at 815, n. 4.
At this point the State is left to play its
final card. Now, it says, maybe the real distinction its statute
draws isn’t based on former job duties at all. Maybe its statute
actually favors certain state law enforcement retirees only because
their pensions are less generous than those of their federal law
enforcement counterparts. At the least, the State suggests, we
should remand the case to the West Virginia courts to explore this
possibility.
The problem here is fundamental. While the State
was free to draw whatever classifications it wished, the statute it
enacted does not classify persons or groups based on the relative
generosity of their pension benefits. Instead, it extends a special
tax benefit to retirees who served as West Virginia police
officers, firefighters, or deputy sheriffs—and it categorically
denies that same benefit to retirees who served in similar federal
law enforcement positions. Even if Mr. Dawson’s pension turned out
to be
identical to a state law enforcement officer’s
pension, the law as written would deny him a tax exemption. West
Virginia’s law thus discriminates “because of the source of . . .
compensation or pay” in violation of §111. Whether the unlawful
classification found in the text of a statute might serve as some
sort of proxy for a lawful classification hidden behind it is
neither here nor there. No more than a beneficent legislative
intent, an implicit but lawful distinction cannot save an express
and unlawful one.
Our precedent confirms this too. In
Davis, Michigan argued that a state law expressly
discriminating between federal and state retirees was really just
distinguishing between those with more and less generous pensions.
Id., at 816. We rejected this attempt to rerationalize the
statute, explaining that “[a] tax exemption truly intended to
account for differences in retirement benefits would not
discriminate on the basis of the source of those benefits” but
“would discriminate on the basis of the amount of benefits received
by individual retirees.”
Id., at 817. The fact is, when
States seek to tax the use of a fellow sovereign’s property, the
Constitution and Congress have always carefully constrained their
authority.
Id., at 810–814. And in this sensitive field it
is not too much to ask that, if a State
wants to draw a
distinction based on the generosity of pension benefits, it enact a
law that actually
does that.
Because West Virginia’s statute unlawfully
discriminates against Mr. Dawson, we reverse the judgment of the
West Virginia Supreme Court of Appeals and remand the case for
further proceedings not inconsistent with this opinion, including
the determination of an appropriate remedy.
It is so ordered.
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