In the case of State Tax Commission et al. v. Van Cott, 1938, the U.S Supreme Court ruled in favor of Utah's State Tax Commission regarding a dispute over inheritance tax assessment on shares held by a deceased resident in two New York trust companies. The decedent had transferred his securities to these trusts but retained life income and power to revoke or modify them during his lifetime. After his death, Utah sought to include these assets within its jurisdiction for taxation purposes while New York also claimed taxing authority based on where the trusts were administered. The court upheld that both states could impose taxes without violating constitutional principles against double taxation because each state was exercising its right under different capacities: domicile (Utah) and situs of property (New York). It emphasized that although multiple jurisdictions might levy taxes on an estate due to various connections with it, this does not constitute unlawful duplication as long as each tax is imposed for distinct reasons related to governmental services provided.

In the dissenting opinion for the case of State Tax Commission et al. v. Van Cott, it was argued that the majority's decision to uphold a Utah law taxing intangible property held outside of Utah by its residents violated constitutional principles of interstate commerce and due process. The dissenters believed that this tax effectively penalized citizens for investing in out-of-state businesses or properties, thereby discouraging interstate commerce and violating their right to freely engage in such transactions without undue state interference. They also contended that since these investments were not physically present within Utah's jurisdiction, they should not be subject to taxation by the state under principles of due process which require a direct connection between a taxed entity and taxing authority. Furthermore, they expressed concern over potential double taxation issues if other states followed suit with similar laws.