Legal Opinion

Marriner W. Merrill Family Foundation, Inc. v. State Tax Commission

Utah Supreme Court

Decided April 8, 1955No. 8192Published

1Opinion of the Court

McDonough, chief justice.

The State Tax Commission found that the Marriner W. Merrill Family Foundation, Inc., was not exempted from the payment of franchise tax by U.C.A.1953, 59-13-4(4) as a corporation organized and ■operated exclusively for charitable or educational purposes and assessed the minimum franchise tax of ten dollars against the corporation. Certiorari brings the question before us for review,

The purpose of the Foundation, as set forth in the Affidavit of Incorporation, is as follows:

“ * * * for the purpose of receiving by gift, devise, bequest, or otherwise, money or credits,…

2Cases cited6 opinions

  1. In Re the Estate of BeekmanNew York Court of Appeals · 1921
  2. Gimbel v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1931
  3. Society of the Cincinnati v. ExeterSupreme Court of New Hampshire · 1943
  4. Crellin v. CommissionerUnited States Board of Tax Appeals · 1942
  5. Emerit E. Baker, Inc. v. CommissionerUnited States Board of Tax Appeals · 1939

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