Legal Opinion
H. A. S. Loan Service, Inc. v. McColgan
California Supreme Court
Decided January 29, 1943No. Sac. 5541PublishedCited by 41 opinions
1Opinion of the CourtCarter, J.
— A tax at the rate of 8 per cent on the net income of plaintiff corporation was levied hy the State of California for the year, August 31, 1936, to August 31, 1937, pursuant to the Bank and Corporation Franchise Tax Act. (Stats. 1929, p. 19, as amended in 1935; Deering’s Gen. Laws, 1937, Act 8488.) The tax was paid under protest and plaintiff commenced this action to recover the amount so paid. The trial court rendered judgment in favor of defendant, and plaintiff prosecutes this appeal therefrom.
The tax was based upon a classification of plaintiff as a financial corporation under the Bank…
2Cases cited7 opinions
- First Nat. Bank of Guthrie Center v. AndersonSupreme Court of the United States · 1926
- Stark v. CokerCalifornia Supreme Court · 1942
- Tradesmens National Bank of Oklahoma City v. Oklahoma Tax CommissionSupreme Court of the United States · 1940
- Hollywood Cleaning & Pressing Co. v. Hollywood Laundry Service, Inc.California Supreme Court · 1932
- Pittsburgh & Buffalo Co. v. DuncanCourt of Appeals for the Sixth Circuit · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Automotriz Del Golfo De California v. ResnickCalifornia Supreme Court · 1957
- Associated Vendors, Inc. v. Oakland Meat Co.California Court of Appeal · 1962
- Arnold v. BrowneCalifornia Court of Appeal · 1972
- Mid-Century Insurance v. GardnerCalifornia Court of Appeal · 1992
- Carlesimo v. SchwebelCalifornia Court of Appeal · 1948
36 more not listed; retrieve them via the Exa API.