- 88 - was indistinguishable from the Government of Great Britain. Id. at 290-291. In State of Michigan v. United States, 40 F.3d 817 (6th Cir. 1994), the question was whether the investment income of the Michigan Education Trust was exempt from Federal income tax under section 115(i) which provided that "gross income does not include income derived from any public utility or the exercise of any essential governmental functions and accruing to a State or any political subdivision thereof". The trust was a public "quasi- corporation" established to help parents provide for their children's college education by receiving and investing advance payments. The trust had a board of directors which was authorized to enter into contracts on behalf of the State; the State treasurer was an ex officio member of the board whose members were appointed by the governor and confirmed by the Michigan senate; the trust was "within" the treasury department, although it acted independently; assets of the trust were not considered State money, common cash, or State revenue although such assets could be pooled with pension funds and other investments of the State and invested by State employees; the Michigan auditor general was responsible for auditing the books of the trust and the trust was required to submit annual reports to the governor and the State legislature. Finding that the provision of education was an essential State function, and after analyzing all the facts and circumstances, the Court of AppealsPage: Previous 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Next
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