People ex rel. Fifth Avenue Building Co. v. Gaus
Appellate Division of the Supreme Court of the State of New York
Ceetiobabi issued out of the-Supreme Court and attested on the ,24th day of August, 1909, directed to Charles II.. Gaus, as Comptroller of the State of Hew York, commanding him to certify and return to the office of the clei'k of the county of Albany all and singular his proceedings had in refusing to resettle a franchise' tax imposed upon the relator.
1Opinion of the Court
Cochrane, J.:
The relator is a domestic corporation organized in February, 1908. Its capital stock is $4,000,000. On this amount the respondent has imposed a franchise tax under section 182 of the Tax Law (Laws of 1896, chap. 908, as amd. by Laws of 1901, chap; 558 ; Laws of 1906, chap. 474, as amd. by Laws of 1907, chap. 734) at the rate of three-fourths of One mill, amounting to $3,000. The question is'whether the capital stock of the relator was “ employed ” within the meaning ■ of that section. ■ .
The power of the relator as disclosed by its certificate of incorporation is. quité broad…
2Cases cited2 opinions
- People Ex Rel. Vandervoort Realty Co. v. GlynnNew York Court of Appeals · 1909
- People ex rel. Fourteenth Street Realty Co. v. KelseyAppellate Division of the Supreme Court of the State of New York · 1906