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ALOHA AIRLINES, INC. v. DIRECTOR OF TAXATION

No. 82-585.

464 U.S. 7 (1983)

104 S.Ct. 291

78 L.Ed.2d 10

ALOHA AIRLINES, INC. v. DIRECTOR OF TAXATION OF HAWAII

Supreme Court of United States.

Decided November 1, 1983

Attorney(s) appearing for the Case

Richard L. Griffith argued the cause for appellants in both cases. With him on the briefs were Michael A. Shea, Richard R. Clifton, Hugh Shearer, and H. Mitchell D'Olier.

William D. Dexter argued the cause for appellee. With him on the brief was Kevin T. Wakayama.†

Briefs of amici curiae were filed for the State of New York by Robert Abrams, Attorney General, Peter H. Schiff, and Francis V. Dow, Assistant Attorney General; and for the Air Transport Association of America by Andrew C. Hartzell, Jr.

JUSTICE MARSHALL delivered the opinion of the Court.

These appeals present the question whether 49 U. S. C. § 1513(a) pre-empts a Hawaii statute that imposes a tax on the gross income of airlines operating within the State. We conclude that the Hawaii tax is pre-empted.

I

In 1970, Congress committed the Federal Government to assisting States and localities in expanding and improving the Nation's air transportation system. See Airport and Airway...

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