Legal Opinion

American Telephone & Telegraph Co. v. State Tax Commission

New York Court of Appeals

Decided March 29, 1984PublishedCited by 72 opinions

1Opinion of the Court

OPINION OF THE COURT

Meyer, J.

A New York transmission company which provides telephone and other communication service throughout the continental United States through subsidiary corporations but carries on in New York the financial studies necessary *397to meet the capital requirements of the subsidiaries, is subject to the franchise tax imposed by section 183 of the Tax Law on capital stock measured by “gross assets * * * employed in any business within this state” on money advanced to subsidiaries and on cash temporarily invested pending such advances. It is, however, not taxable under that…

2Cases cited33 opinions

  1. National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944
  2. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  3. Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
  4. Helvering v. Union Pacific RailroadSupreme Court of the United States · 1934
  5. Engle v. TalaricoNew York Court of Appeals · 1973

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3Cited by72 opinions

  1. O'Brien v. SpitzerNew York Court of Appeals · 2006
  2. Barenboim v. starbucks, Winans v. Starbucks Corp.Court of Appeals for the Second Circuit · 2012
  3. Lorillard Tobacco Co. v. RothNew York Court of Appeals · 2003
  4. Transervice Lease Corp. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1995
  5. Varrington Corp. v. City of New York Department of FinanceNew York Court of Appeals · 1995

67 more not listed; retrieve them via the Exa API.

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