Commonwealth v. Curtis Publishing Co.

Pee Cubiam,

The only question involved in this appeal is whether certain of appellee’s assets on which the capital stock tax was levied were exempt under the provisions of the Act of June 8, 1893, P. L. 353, Section 1, as amended, because actively employed in manufacturing during the tax year of 1932. Appellant contended that the reserves taxed had been withdrawn from manufacturing and constituted an investment surplus. After hearing before the court below en banc, judgment was entered for appellee.

The burden of proof was upon appellant to show that the assets taxed were not necessary to the…