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BARKER v. KANSAS

No. 91-611.

503 U.S. 594 (1992)

112 S.Ct. 1619

118 L.Ed.2d 243

BARKER et al. v. KANSAS et al.

Supreme Court of United States.

Decided April 21, 1992.

Attorney(s) appearing for the Case

Kevin M. Fowler argued the cause for petitioners. With him on the brief were Kenton C. Granger, Raymond L. Dahlberg, Angela K. Green, Roger M. Theis, John C. Frieden, and Terence A. Lober.

John F. Manning argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Peterson, Deputy Solicitor General Wallace, and David English Carmack.

James A. D. Bartle argued the cause for respondents. With him on the brief were Mark A. Burghart and Michael M. Rehm.*

White, J., delivered the opinion for a unanimous Court. Stevens, J., filed a concurring opinion, in which Thomas, J., joined, p. 605.

Justice White, delivered the opinion of the Court.

The State of Kansas taxes the benefits received from the United States by military retirees but does not tax the benefits received by retired state and local government employees. Kan. Stat. Ann. § 79-3201 et seq. (1989).1 The issue before us is whether the tax imposed on the military retirees is inconsistent with 4 U. S. C. §...

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