People ex rel. Lincoln Trust Co. v. Glynn
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court in the county of Albany, H. Y., and attested on the 29th day of August, 1908, > directed to Martin H. Glynn, Comptroller of the State of Hew York, commanding him to certify and return all and singular his proceedings had in.regard to the assessment of a franchise tax against the relator for the year ending June 30, 1907.
1Opinion of the Court
Smith, P. J. :
■ The relator has been assessed for a franchise tax for the year ending June 30, 1907, under section 187a of the Tax Law. (Laws of 1896, chap. 908, added by Laws of 1901, chap. 132, and amd. by Laws of 1901, chap. 535.) The Comptroller has made the basis of this tax the average amount of capital, surplus and undivided profits during the year preceding June 30, 1907. The relator contends that the basis of this tax must be the amount of capital, surplus and undivided profits upon the 30th day of June, 1907. This, difference presents the sole question here for determination. In…
2Cases cited1 opinion
- People Ex Rel. Mutual Trust Co. v. . MillerNew York Court of Appeals · 1903
3Cited by2 opinions
- People Ex Rel. N.Y.C. H.R.R.R. Co. v. . Gaus.New York Court of Appeals · 1911
- People ex rel. New York Central & Hudson River Railroad v. GausNew York Court of Appeals · 1911