State v. Southern Electric Generating Company

MERRILL, Justice.

This is an appeal from a final decree setting aside an attempted assessment of license tax by the State Department of Revenue under the provisions of Tit. 51, § 178, Code 1940, against Southern Electric Generating Co., hereinafter called SEGCO.

The pertinent part of Tit. 51, § 178, provides: “Each person, firm or corporation operating an electric or hydroelectric public utility shall pay to the state a license tax equal to four mills on each dollar of gross receipts of such public utility for the preceding year. * * * ” This statute was enacted in 1935 and was codified without…