Legal Opinion

Hercules, Inc. v. Comptroller of Treasury

Court of Special Appeals of Maryland

Decided September 3, 1997No. 699PublishedCited by 2 opinions

1Opinion of the Court

EYLER, Judge.

This case requires us to apply well established principles of law with respect to the constitutional limitations on Mary*33land’s ability to subject earnings of a non-domiciliary corporation to its corporate income tax.

Facts

On June 3,1991, Hercules, Inc., appellant, filed an amended Maryland income tax return for the year 1987, claiming a refund of corporate income tax in the amount of $132,562, the amount of tax previously paid on income derived from its sale of stock in a corporation known as HIMONT, Inc. On October 21,1992, the Comptroller of the Treasury, appellee, denied the…

2Cases cited28 opinions

  1. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  2. Container Corp. of America v. Franchise Tax BoardSupreme Court of the United States · 1983
  3. Mobil Oil Corp. v. Commissioner of Taxes of Vt.Supreme Court of the United States · 1980
  4. Butler Bros. v. McColgan, Franchise Tax CommissionerSupreme Court of the United States · 1942
  5. Exxon Corp. v. Department of Revenue of Wis.Supreme Court of the United States · 1980

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3Cited by2 opinions

  1. Read v. Supervisor of AssessmentsCourt of Appeals of Maryland · 1999
  2. Hercules Inc. v. Comptroller of the TreasuryCourt of Appeals of Maryland · 1998

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