High court seems to lean against West Virginia in tax case

US Supreme Court building, Photo Date: 2009 / Cropped Photo: Jarek Tuszynski / CC BY-SA 3.0 / (MGN)

WASHINGTON (AP) -- The Supreme Court seems inclined to rule against the state of West Virginia and side with a retired U.S. marshal seeking a tax refund from the state.

James Dawson says West Virginia unlawfully discriminated against him by excluding him from preferential tax treatment given to most retired state law enforcement officers.

Both conservative and liberal justices seemed inclined to side with Dawson during arguments Monday at the Supreme Court.

West Virginia law currently exempts most state law enforcement retirees from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees like Dawson don't get that perk.

Dawson argues federal law prohibits West Virginia from taxing his retirement income more heavily than it taxes the retirement income of former state law enforcement officers who did a similar job.

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12/3/2018 12:29:19 PM (GMT -5:00)