Skip to content

Volume 92 · 751

Public Law 95–387

To permit any State the reciprocal right to sue in the Superior Court of the District of Columbia to recover taxes due such State.

Approved September 27, 1978

Statutory text

An Act

To permit any State the reciprocal right to sue in the Superior Court of the District of Columbia to recover taxes due such State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That this Act may be cited as the “District of Columbia Reciprocal Tax Collection Act”.

Sec. 2.

(a)

Any State, acting through its lawfully authorized officials, shall have the right to sue in the Superior Court of the District of Columbia to recover any tax lawfully due and owing to it in any case in which such reciprocal right is accorded to the District of Columbia by such State, whether such right is granted by statutory authority or as a matter of comity.

(b)

The certificate of the secretary of state, or of any other authorized official, of such State, or any subdivision thereof, to th effect that the official instituting a suit authorized under subsection (a) for collection of taxes in the Superior Court of the District of Columbia has the authority to institute such suit and collect such taxes shall be conclusive proof of such authority.

Sec. 3.

(a)

In any State, or any subdivision thereof, in which the District of Columbia is authorized under the laws of uch State to bring suit for the purpose of recovering taxes lawfully due and owing the District of Columbia, the Corporation Council is authorized to bring such suit in the name of the District of Columbia in the courts of such State, or any subdivision thereof.

(b)

In connection with any such suit, the Mayor of the District of Columbia is authorized to secure professional and other services at such rates as may be usual and customary for such services in the jurisdiction involved.

Sec. 4.

For purposes of this Act:

(1)

The term “taxes” means

Definitions.

—

(A)

any tax assessment lawfully made, whether based upon a return or any other disclosure of the taxpayer or upon the information and belief of the taxing authority involved;

(B)

any penalty lawfully imposed pursuant to any law, ordinance, or regulation which impose a tax; or

(C)

any interest charge lawfully added to the tax liability which constitutes the subject of any suit brought under section 2 or 3.

(2)

The term “State” means any of the several States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.

Approved September 27, 1978.

Parsed from the official Statutes at Large USLM XML in 92.xml