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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- NEBRASKA DEPARTMENT OF REVENUE v.
- LOEWENSTEIN
- certiorari to the supreme court of nebraska
- No. 93-823. Argued October 11, 1994-Decided December 12, 1994
-
- Respondent, a Nebraska resident, owns shares in mutual funds
- (Trusts) that earn some of their income by participating in ``repur-
- chase agreements'' (repos) involving federal debt securities. In such
- a transaction, the party holding the securities (Seller-Borrower)
- transfers them to the Trusts in return for a specified amount of
- cash. At a later date, the Trusts deliver the securities back to the
- Seller-Borrower, who credits to the Trusts an amount equal to the
- cash transfer plus interest at an agreed-upon rate that bears no
- relation to the yield on the underlying securities. Ultimately, the
- Trusts' interest income is distributed to respondent in proportion to
- his shares in the Trusts. After petitioner issued a Revenue Ruling
- concluding that interest income from repos is subject to Nebraska's
- income tax, respondent brought this declaratory judgment action in
- state court, asking that the Revenue Ruling be declared invalid as
- contrary to the Supremacy Clause and to 31 U. S. C. 3124(a),
- which, in relevant part, exempts from state taxation interest on
- ``obligations of the United States Government.'' The court granted
- the relief, and the Nebraska Supreme Court affirmed.
- Held:
- 1. Nebraska's taxation of the income respondent derived from the
- repos does not violate 3124(a). Pp. 4-11.
- (a) For purposes of 3124(a), the interest income earned by the
- Trusts is interest on loans from the Trusts to the Seller-Borrower,
- not interest on federal securities; in this context, the securities are
- merely collateral for these loans. Several features of the repos lead
- to this conclusion: (1) at a repo's commencement, the Trusts pay the
- Seller-Borrower a fixed sum of money, which is repaid with interest
- at a rate bearing no relation to either the coupon interest paid or
- discount interest accrued on the federal securities during the term
- of the repo; (2) the Trusts may liquidate the securities should the
- Seller-Borrower default on the debt, but, like a lender, they must
- pay to the Seller-Borrower any proceeds in excess of the amount of
- the debt plus expenses, and may recover any deficiency from the
- Seller-Borrower; (3) the market value of the securities must be
- maintained at 102% of the original payment amount, with the
- Seller-Borrower delivering cash or additional securities if the value
- falls below 102%, and the Trusts returning securities if the value
- exceeds 102%; and (4) the Seller-Borrower may, during the term of
- the repo, substitute federal securities of equal market value for the
- securities initially involved in the transaction. The fact that the
- Trusts take ``delivery'' of the federal securities at the repo's com-
- mencement also is consistent with understanding the repos as loans,
- since ``delivery'' perfects the Trusts' security interests in their
- collateral. Pp. 4-9.
- (b) Respondent's two objections to this interpretation of
- 3124(a) are unpersuasive. It does not matter that the Trusts and
- Seller-Borrower characterize the repos as sales and repurchases,
- since the substance and economic realities of the transactions show
- that the Trusts receive interest on cash they have lent to the Seller-
- Borrower. Cf. Frank Lyon Co. v. United States, 435 U. S. 561, 582.
- And, contrary to respondent's argument, this case does not involve
- the construction or validity of the Nebraska income tax statute's
- add-back rule. Pp. 9-11.
- 2. Nebraska's taxation of income from repos involving federal
- securities does not violate the Supremacy Clause. Respondent has
- pointed to no statute, revenue ruling, or other manifestation of
- Nebraska policy that treats ``state'' repos differently from ``federal''
- repos for tax purposes. Nor does the taxation at issue make it more
- difficult and expensive for the Federal Government to finance the
- national debt. Expert testimony referred to by respondent has no
- relevance to this case, and respondent has shown no ``obvious and
- appreciable'' injury to the Government's borrowing power as a result
- of Nebraska's taxation of the Trusts' repo income, see Rockford Life
- Ins. Co. v. Illinois Dept. of Revenue, 482 U. S. 182, 190, n. 10.
- Pp. 12-14.
- 244 Neb. 82, 504 N. W. 2d 800, reversed and remanded.
- Thomas, J., delivered the opinion for a unanimous Court.
-