San Joaquin Ginning Co. v. McColgan

The plaintiff sued the defendant, as Bank and Corporation Franchise Tax Commissioner, for a refund of a portion of the franchise taxes paid for the taxable year July 1, 1938, to June 30,1939, on the theory that on October 27, 1938, it had voluntarily wound up its affairs and been dissolved. It recovered judgment for the sum of $3,644.62, which represented the proportion of the first installment of the tax paid by it for the months of the taxable year following dissolution. The defendant prosecutes this appeal from the judgment on the ground that the plan and procedure adopted by the plaintiff…