Jorgensen-Bennett Mfg. Co. v. Knight

Complainant sues to recover excise taxes, interest and penalties collected under Chapter 21, Acts of 1923, paid under protest. The statute imposes an annual tax equal to three per centum of the net earning’s for the preceding year on all corporations and joint stock associations, “arising from business done wholly within the State,” specifically exempting ‘ ‘ earnings arising from interstate commerce. ”

Complainant is a Tennessee corporation, buying, manufacturing and selling lumber, and its liability for the excise tax on profits thus generally earned is conceded and has been discharged.…