State ex rel. Sallie F. Moon Co. v. Wisconsin Tax Commission
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Ray Stevens, Circuit Judge. Writ of certiorari to review tbe proceedings of tbe Wisconsin Tax Commission assessing tbe Sallie F. Moon Company an income tax on dividends received by it since January 1, 1911, as a stockholder of tbe Northwestern Lumber Company.
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Appeal from a judgment of tbe circuit court for Dane county: E. Ray Stevens, Circuit Judge. Writ of certiorari to review tbe proceedings of tbe Wisconsin Tax Commission assessing tbe Sallie F. Moon Company an income tax on dividends received by it since January 1, 1911, as a stockholder of tbe Northwestern Lumber Company. Tbe dividends were declared out of surplus on band January 1, 1911. Tbe Northwestern Lumber Company reported suck surplus to the Tax Commission, which held it was not taxable to the Northwestern Lumber Company, as it was property in existence in its hands prior to the taking…
1Opinion of the Court
The following opinions were filed June 12, 1917:
ViNJE, J.
In Van Dyke v. Milwaukee, 159 Wis. 460, 150 N. W. 509, it was held that dividends declared during 1911 by a corporation out of the surplus on hand prior to January 1, 1911, when the Income Tax Law went into effect, were taxable as income to the stockholders receiving them. That case governs this, and we perceive no good reason for overruling it. Our attention is specially called to the case of Lynch v. Turrish, 236 Fed. 653, as holding a contrary doctrine and as criticising the Van Dyke Case. There is nothing in the decision of the…
2Cases cited7 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Van Dyke v. City of MilwaukeeWisconsin Supreme Court · 1915
- State ex rel. Bundy v. NygaardWisconsin Supreme Court · 1916
- State ex rel. Manitowoc Gas Co. v. Wisconsin Tax CommissionWisconsin Supreme Court · 1915
- Lynch v. TurrishCourt of Appeals for the Eighth Circuit · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Diefendorf v. GalletIdaho Supreme Court · 1932
- Miles v. Department of TreasuryIndiana Supreme Court · 1935
- Featherstone v. NormanSupreme Court of Georgia · 1930
- Hattiesburg Grocery Co. v. RobertsonMississippi Supreme Court · 1921
- California Company v. StateSupreme Court of Colorado · 1959
18 more not listed; retrieve them via the Exa API.