Goldstein-Fineberg Co. v. State Board of Assessors

The opinion of the court was delivered by

Trenchard, J.

The Franchise Tax act (Comp. Stat., p. 5395, § 519) imposes on certain domestic corporations an annual license fee or franchise tax of one-tenth of one per *62■centum on all amounts of capital stock issued and outstanding on January 1st up to $3,000,000.

The prosecutor, one of these corporations, failed to make a return to the state board of assessors for the year 1910, as required by law, and that board levied upon the corporation a tax of $200 for that year upon the basis of $200,000 authorized capital stock.

It appears that prior to December…