Legal Opinion

People ex rel. Bankers' Safe-Deposit Co. v. O'Donnel

New York Supreme Court

Decided April 15, 1907Published

Certiorari to review an assessment on the capital stock of relator, a domestic corporation, for the year 1906.

1Opinion of the CourtO’Gorman, J.

This is a proceeding to review by certiorari an assessment on the capital stock of the relator, a domestic corporation, for the year 1906. It appears that part of the relator’s property was its safe-deposit vaults and fixtures, and the relator claims that the vaults were real estate; that they were valued and assessed as such, and that they cannot be valued differently for two different purposes of taxation. This contention entirely overlooks the well-established principle that, in determining the value of the capital stock of a domestic corporation for the purposes of taxation, it is lawful…

2Cases cited4 opinions

  1. People Ex Rel. D., L. W.R.R. Co. v. . ClappNew York Court of Appeals · 1897
  2. New York State v. BarkerSupreme Court of the United States · 1900
  3. People ex rel. Powers v. KalbfleischAppellate Division of the Supreme Court of the State of New York · 1898
  4. People Ex Rel. Knickerbocker Safe Deposit Co. v. WellsNew York Court of Appeals · 1905

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