State v. City Stores Company

MERRILL, Justice.

The State Department of Revenue made final an assessment of foreign franchise tax against Diversified Stores Corporation, a New York corporation, for the franchise tax year 1960. Diversified was merged with City Stores Company and City Stores appealed the assessment under Tit. 51, § 140, Code 1940. The trial court set aside the assessment and the State of Alabama appeals.

*414The cause was submitted to the circuit court on an agreed Stipulation of Facts and the question presented here is whether the facts show that Diversified Stores Corporation was engaged in the transaction of…