CITES BY TOPIC:  ad valorem tax

Black's Law Dictionary, Sixth Edition, p. 61:

ad valorem tax.  According to value.  A tax imposed on the value of property.  The more common ad valorem tax is that imposed by states, counties, and cities on real estate.  Ad valorem taxes, can, however, be imposed on personal property; e.g., a motor vehicle tax may be imposed upon the value of an automobile and is therefore deductible as a tax.  A tax levied on property or an article of commerce in proportion to its value, as determined by assessment or appraisal.  Callaway v. City of Overland Park, 211 Kan. 646, 508 P.2d. 902, 907

  Duties are either ad valorem or specific ; the former when the duty is laid in the form of a percentage on the value of the property; the latter where it is imposed on a fixed sum on each article of a class without regard to its value.

[Black's Law Dictionary, Sixth Edition, p, 61]


Wheeling Steel Corporation v. Fox, 298 U.S. 193 (1936):

"We have held that it is essential to the validity of such a tax, under the due process clause, that the property shall be within the territorial jurisdiction of the taxing state. This rule receives its most familiar illustration in the case of land. The rule has been ex- [298 U.S. 193, 209]   tended to tangible personal property which is thus subject to taxation exclusively in the state where it is permanently located, regardless of the domicile of the owner. Union Refrigerator Transit Co. v. Kentucky, 199 U.S. 194, 204 , 206 S., 26 S.Ct. 36, 4 Ann.Cas. 493; Frick v. Pennsylvania, 268 U.S. 473, 489 , 45 S.Ct. 603, 42 A.L.R. 316. We have said that the application to the states of the rule of due process arises from the fact 'that their spheres of activity are enforced and protected by the Constitution, and therefore it is impossible for one state to reach out and tax property in another without violating the Constitution.' United States v. Bennett, 232 U.S. 299, 306 , 34 S.Ct. 433, 437. Compare Burnet v. Brooks, 288 U.S. 378, 401 , 53 S.Ct. 457, 86 A.L.R. 747. When we deal with intangible property, such as credits and choses in action generally, we encounter the difficulty that by reason of the absence of physical characteristics they have no situs in the physical sense, but have the situs attributable to them in legal conception. Accordingly we have held that a state may properly apply the rule mobilia sequuntur personam and treat them as localized at the owner's domicile for purposes of taxation. Farmers' Loan & Trust Co. v. Minnesota, 280 U.S. 204, 211 , 50 S.Ct. 98, 65 A. L.R. 1000. And having thus determined 'that in general intangibles may be properly taxed at the domicile of their owner,' we have found 'no sufficient reason for saying that they are not entitled to enjoy an immunity against taxation at more than one place similar to that accorded to tangibles.' Id., 280 U.S. 204 , at page 212, 50 S.Ct. 98, 100, 65 A.L.R. 1000. The principle thus announced in Farmers' Loan & Trust Co. v. Minnesota has had progressive application. Baldwin v. Missouri, 281 U.S. 586 , 50 S.Ct. 436, 72 A.L.R. 1303; Beidler v. South Carolina Tax Commission, 282 U.S. 1 , 51 S.Ct. 54; First National Bank v. Maine, 284 U.S. 312, 328 , 329 S., 52 S.Ct. 174, 177, 77 A.L.R. 1401. But despite the wide application of the principle, an important exception has been recognized."

"In the case of tangible property, the ancient maxim, which had its origin when personal property consisted in [298 U.S. 193, 210]   the main of articles appertaining to the person of the owner, yielded in modern times to the 'law of the place where the property is kept and used.' First National Bank v. Maine, supra. It was in view 'of the enormous increase of such property since the introduction of railways and the growth of manufactures' that it came to be regarded as 'having a situs of its own for the purpose of taxation, and correlatively to exempt at the domicil of its owner.' Union Refrigerator Transit Co. v. Kentucky, supra, 199 U.S. 194 , at page 207, 26 S.Ct. 36, 39, 4 Ann.Cas. 493. There has been an analogous development in connection with intangible property by reason of the creation of choses in action in the conduct by an owner of his business in a state different from that of his domicile. New Orleans v. Stempel, 175 U.S. 309 , 20 S.Ct. 110; Bristol v. Washington County, 177 U.S. 133 , 20 S.Ct. 585; State Board of Assessors v. Comptor National, 191 U.S. 388 , 24 S.Ct. 109; Metropolitan Life Insurance Co. v. New Orleans, 205 U.S. 395 , 27 S.Ct. 499; Liverpool & L. & G. Insurance Co. v. Board of Assessors for Parish of Orleans, 221 U.S. 346 , 31 S.Ct. 550, L.R.A. 1915C, 903."

"These cases, we said in Farmers' Loan & Trust Co. v. Minnesota, supra, 280 U.S. 204 , at page 213, 50 S.Ct. 98, 101, 65 A.L.R. 1000, 'recognize the principle that choses in action may acquire a situs for taxation other than at the domicile of their owner, if they have become integral parts of some local business.' We adverted to this reservation in Beidler v. South Carolina Tax Commission, supra, 282 U.S. 1 , at page 8, 51 S.Ct. 54, and in First National Bank v. Maine, supra, 284 U.S. 312 , at page 331, 52 S.Ct. 174, 77 A.L.R. 1401"

[Wheeling Steel Corporation v. Fox, 298 U.S. 193 (1936)]