United Air Lines, Inc. v. Department of Treasury

I agree with my brothers with respect to their holding that reserve for deferred Federal income tax is included in surplus.

However, I must respectfully dissent as to the remaining portion of the opinion.

I am of the opinion that, as it applies to United Air Lines, Inc., for the period involved, the statutory táx allocation formula for aircraft is unreasonable, confiscatory, and unconstitutional and that the relevant portion of the decision of the trial court should be affirmed.

The trial court found that in the application of the statutory formula for computing the tax that only 2.6% of the…