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  CURRENT PROJECTS
Children's Health
DC Attorney General
Supreme Court DC Handgun Case
Civic Engagement
Working Poor Families
Child Support
Anacostia Waterfront Initiative
HIV/AIDS
Special Education
Carefirst BlueCross BlueShield Reform
Lead in Drinking Water
DC Revenues
DC Voting Rights
Anacostia Watershed and River Restoration
  PAST PROJECTS

DC Revenues PROJECT NEWS

12.11.08 City leaders join DC Appleseed in release of Building the Best Capital City report
5.19.06 The district's tax bill
5.16.06 High court backs commuter tax ban
5.16.06 High court refuses commuter-tax case
   
 

DC Revenues PROJECT

For several years, DC Appleseed was counsel in a case challenging the constitutionality of a provision in the District of Columbia's Home Rule Charter (passed as an act of Congress) that prohibits the District from collecting income taxes from those who work and earn income in D.C. but do not live here. DC Appleseed represented the District of Columbia in the suit, and during the litigation received pro bono assistance from lawyers at Howrey, LLP; Gilbert Heintz & Randolph, LLP; White & Case, LLP; and Reed Smith, LLP. Together, we filed a complaint in the federal District Court for the District of Columbia. That complaint was dismissed, and we filed an appeal and argued in the Court of Appeals for the District of Columbia Circuit, where we were, again, unsuccessful. The suit met its end when our petition for a writ of certiorari was denied by the Supreme Court. At all levels of appeal, we also worked with Arent Fox, LLP, who wrote amicus briefs in support of our efforts that several important civic groups signed on to. DC Appleseed has now shifted the focus of our project to finding legislative solutions to the massive "structural deficit" that the non-resident income tax prohibition contributes to. We are partnering with Our Nation's Capital in this effort. Additional pro bono assistance has been provided by Edelman Public Relations.


DC Revenues PROJECT PUBLICATIONS

Media coverage of DC Appleseed's Building the Best Capital City in the World report release.

Building the Best Capital City in the World
Banner v. United States, on Petition for a Writ of Certiorari, Brief for the Federal Respondents in Opposition
Brief for Amici Curiae filed in the U.S. Supreme Court by the D.C. Chamber of Commerce, Federal City Council, D.C. Affairs Section of the D.C. Bar, et al., in Support of the District of Columbia
Banner v. The United States, Petition for a Writ of Certiorari, filed in the Supreme Court of the United States, February 2, 2006
Opinion of the United States Court of Appeals for the District of Columbia Circuit, November 4, 2005
Reply Brief for Appellants James M. Banner, Jr., et al, February 11, 2005
Brief for the Federal Appellees, January 27, 2005
Brief of Appellee Commonwealth of Virginia, January 27, 2005
Brief of Appellee State of Maryland, January 27, 2005
On December 13, 2004, DC Appleseed filed an appeal in the United States Court of Appeals for the D.C. Circuit seeking to reverse the March 2004 decision of U.S. District Judge Ellen Segal Huvelle.
H.R. 4269, "District of Columbia Fair Federal Compensation Act of 2004," to establish an annual Federal infrastructure support contribution for the District of Columbia, May 4, 2004

Memorandum Opinion of United States District Judge Ellen Segal Huvelle, March 11, 2004

State of Maryland's Reply to Opposition to Maryland's Motion to Dismiss the Complaint, January 12, 2004
Reply in Support of Federal Defendants' Motion to Dismiss, January 12, 2004
Rebuttal Memorandum of the Commonwealth of Virginia in Support of its Motion to Dismiss, January 12, 2004
Amicus Brief of Fairfax, Loudoun, and Prince William Counties, and the cities of Alexandria, Falls Church, Manassas, and Manassas Park in Support of the Motion by the Commonwealth of Virginia to Dismiss the Complaint, December 23, 2003
On December 16, 2003, the DC Affairs Section of the District of Columbia Bar and 22 former presidents of the District of Columbia Bar filed a Memorandum of Amici Curiae in Support of Plaintiffs' Opposition to Defendants' Motions to Dismiss.
Plaintiffs' Opposition to Defendants' Motions to Dismiss, December 9, 2003

State of Maryland's Amended Motion to Dismiss the Complaint, October 14, 2003

The Commonwealth of Virginia's Motion to Dismiss the Complaint and Memorandum in Support of its Motion to Dismiss, October 10, 2003
Federal Defendants' Motion to Dismiss with Memorandum of Points and Authorities in Support, October 10, 2003
On July 24, 2003, DC Appleseed and a consortium of lawyers filed a Complaint for Declaratory and Injuntive Relief in federal court to challenge a federal ban on a District "commuter tax" on those who work in the city but live elsewhere.
The United States General Accounting Office has concluded that DC faces a substantial structural deficit each year due in large part to its inability to tax the income of nonresidents.  Click here to read the GAO report.

 

   
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