State Ex Rel. Marquette Hotel Investment Co. v. State Tax Commission
Supreme Court of Missouri
Certiorari. (1) The tax levied by the act is a franchise tax, and not a tax upon property. Laws Mo. 1917, pp. 237-242; Mo. Constitution, art. 10, secs. 3 and 4; State v. Stonewall Ins. Co., 89 Ala. 338; Southern G-unl Co: v. Laylin, 64 N. E. 564; State v. Railroad, 45 Md. 361; Phoenix Carpet Co. v. State, 118 Ala. 143; People v. Home Ins.
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Certiorari. (1) The tax levied by the act is a franchise tax, and not a tax upon property. Laws Mo. 1917, pp. 237-242; Mo. Constitution, art. 10, secs. 3 and 4; State v. Stonewall Ins. Co., 89 Ala. 338; Southern G-unl Co: v. Laylin, 64 N. E. 564; State v. Railroad, 45 Md. 361; Phoenix Carpet Co. v. State, 118 Ala. 143; People v. Home Ins. Co., 82 N. Y. 328; State ex rel. v. Schramm, 271 Mo. 223; People ex rel. v. Knight, 174 N. Y. 475. (2) By “par value of the outstanding* capital stock” is meant the result obtained by multiplying* the par value of a single share by the number of shares…
1Opinion of the CourtWilliamson, J.
This is a proceeding by writ of certiorari issuing out of this court, upon the petition of the Marquette Hotel Investment Company against the State Tax Commission, to determine the amount of tax due from relator under the act commonly known as the Franchise Tax Act. [Laws of Missouri 1917, p. 237.] The relator, as required by the act above mentioned, filed its report with the State Tax Commission, showing, assets of the amount of $708,770.90, and liabilities in the amount of $700,000, consisting of its capital stock, amounting to $350,000, and indebtedness amounting to $350,000, thus showing…
2Cases cited5 opinions
- Porter v. Rockford, Rock Island & St. Louis RailroadIllinois Supreme Court · 1875
- Russell v. CroySupreme Court of Missouri · 1901
- Brumby v. JonesCourt of Appeals for the Fifth Circuit · 1905
- State ex rel. Shriver v. KarrNebraska Supreme Court · 1902
- People ex rel. McClure Publications, Inc. v. PurdyAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by29 opinions
- Ozark Pipe Line Corp. v. MonierSupreme Court of the United States · 1925
- First Industrial Loan Co. v. DaughertyCalifornia Supreme Court · 1945
- United North & South Development Co. v. HeathCourt of Appeals of Texas · 1934
- Union Electric Co. v. MorrisSupreme Court of Missouri · 1949
- Household Finance Corporation v. RobertsonSupreme Court of Missouri · 1963
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