Category Archives: North Carolina

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Nothing to See Here? – Kaestner Trust Decision Leaves Many Unanswered Questions

The U.S. Supreme Court recently issued its decision in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Trust.  The Court unanimously determined that the residency of in-state beneficiaries alone is an insufficient basis for a State’s taxation of trust income where (1) the beneficiary did not receive distributions of trust income, (2) the … Continue Reading

Tempest in a Teapot? The Due Process Clause Implications of Kaestner Trust

The two primary constitutional weapons used to combat the application of state tax laws are the Due Process Clause and the Commerce Clause.  That said, for decades Due Process Clause arguments were often afterthoughts to those made under the Commerce Clause.  All that changed when the U.S. Supreme Court’s decision in South Dakota v. Wayfair.  … Continue Reading
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