City of Roanoke v. James W. Michael's Bakery Corp.

James W. Michael’s Bakery Corporation, engaged in the bakery business in the city of Roanoke, filed a petition in the court below under Tax Code, section 410,1 for the correction of alleged erroneous assessments of State taxes for the years 1938 and 1939 on its delivery trucks, furniture and fixtures. The assessment complained of was made under sections 68 and 73 of the Tax Code,2 which classify such *137property as “intangible personal property” and define it as a part of the .“capital” used in “trade or business.”

The petition alleged that such classification and assessment violate sections 168…