S. 1378 and H.R. 5698: Assistance Payments to Anderson County and Roane County, Tennessee : Hearing Before the Subcommittee on Communities of the Joint Committee on Atomic Energy, Congress of the United States, Ninety-fourth Congress, First Session, on S. 1378 and H.R. 5698 ... May 9, 1975

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Page 276 - ... the taxes which would have been payable for such property in the condition In which it was acquired, except in cases where special burdens have been cast upon the State or local government by activities of the Commission, the Manhattan Engineer District or their agents. In any such case, any benefit accruing to the State or local government by reason of such activities shall be considered in determining the amount of the payment.
Page 439 - To rest the federal taxing power on what is "normally" conducted by private enterprise in contradiction to the "usual" governmental functions is too shifting a basis for determining constitutional power and too entangled in expediency to serve as a dependable legal criterion. The essential nature of the problem cannot be hidden by an attempt to separate manifestations of indivisible governmental powers.
Page 398 - Agreement, entered into this day of 19— by and between the United States of America, hereinafter called the Government, represented by the Contracting Officer executing this agreement, and...
Page 417 - The payments herein authorized are in lieu of taxation, and the Corporation, its property, franchises* and income, are hereby expressly exempted from taxation in any manner or form by any State, county, municipality, or any subdivision or district thereof.
Page 451 - Each State is subject only to the limitations prescribed by the Constitution and within its own territory is otherwise supreme. Its internal affairs are matters of its own discretion. The Constitution provides that " the United States shall guarantee to every State in this Union a republican form of government.
Page 396 - The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor Involving transactions related to this contract.
Page 444 - It is admitted that there is no express provision in the constitution that prohibits the general government from taxing the means and instrumentalities of the States, nor is there any prohibiting the States from taxing the means and instrumentalities of that government. In both cases the exemption rests upon necessary implication, and is upheld by the great law of self-preservation...
Page 446 - It is reasonable to hold that while the former may do nothing by taxation in any form to prevent the full discharge by the latter of its governmental functions, yet whenever a State engages in a business which is of a private nature that business is not withdrawn from the taxing power of the Nation.
Page 383 - In the administration of this Act, no department, agency, officer, or employee of the United States shall exercise any direction, supervision, or control over the personnel, curriculum, or program of instruction of any school or school system of any local or State educational agency.
Page 451 - In the older cases, the emphasis was on immunity from taxation. The whole tendency of recent cases reveals a shift in emphasis to that of limitation upon immunity. They also indicate an awareness of the limited role of courts in assessing the relative weight of the factors upon which immunity is based.

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