People Ex Rel. Third Avenue Railroad v. State Board of Tax Commissioners
New York Court of Appeals
Gross-appeals, in each of the above-entitled proceedings, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 31,1913, which reversed an order of Special Term confirming a special franchise tax assessment by the state board of tax commissioners and reduced said assessment.
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Gross-appeals, in each of the above-entitled proceedings, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 31,1913, which reversed an order of Special Term confirming a special franchise tax assessment by the state board of tax commissioners and reduced said assessment. The state board assessed the special franchise of the Third Avenue Company at $7,920,000 and the special franchise of the Kingsbridge Company at $759,000. Each company was granted upon its petition a writ of certiorari for the review of its assessment, to which the…
1Opinion of the CourtCollin, J.
The assertions and arguments of the state board and the city of Yew York under their appeal to this court will be first stated and considered.
1. The conclusions of the Appellate Division leading to the reduction of the assessments are erroneous because they resulted from the application of the net earnings rule. The argument is: the assessments of the state boai’d are presumed to be correct. It was incumbent upon the relators attacking them to establish some error on the part of the state board in principle or fact. Such error is not proven by showing the assessments excessive by the…
2Cases cited10 opinions
- The ConquerorSupreme Court of the United States · 1897
- People Ex Rel. Jamaica Water Supply Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1909
- People Ex Rel. Manhattan Railway Co. v. WoodburyNew York Court of Appeals · 1911
- People Ex Rel. N.Y.C. H.R.R.R. Co. v. . PriestNew York Court of Appeals · 1912
- People ex rel. Hudson & Manhattan Railraod v. State Board of Tax CommissionersNew York Court of Appeals · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Leggett v. Missouri State Life Insurance CompanySupreme Court of Missouri · 1960
- Commercial Casualty Insurance v. RomanNew York Court of Appeals · 1936
- In re the Estate of DaviesNew York Surrogate's Court · 1950
- Shabotzky v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1939
- New York Railways Co. v. City of New YorkNew York Court of Appeals · 1916
10 more not listed; retrieve them via the Exa API.