Taxpayers George and Catherine Davis have filed their response response to Kentucky’s cert. petition in the U.S. Supreme Court in Davis v. Department of Revenue,193 S.W.3d 557 (Ky. App. 2006), in which the Kentucky Court of Appeals held that the state’s tax system violates the dormant commerce clause of the U.S. Constitution by exempting interest on Kentucky state & local bonds while taxing interest on out of state bonds. The opinion notes that Kentucky’s system is used in a majority of states, and that the only court to consider the commerce clause issue (Ohio) upheld the constitutionality of the system. The Kentucky Supreme Court denied the state’s motion for discretionary review.  Department of Revenue v. Davis, No. 2006-SC-105-D (8/17/06).

Prior TaxProf Blog coverage:

• Davis: Another Constitutional Shot Across the Tax Bow (with extensive commentary by Richard Pomp, Kirk Stark, Calvin Johnson & Greg Germain) (9/5/06)
• WSJ on Davis (9/6/06)
• Hellerstein on Davis (9/6/06)
• Kentucky Files Cert. Petition in Davis, Which Prohibits Tax Exemption for In-State Municipal Bond Interest (11/13/06)