Commonwealth v. Monessen Amusement Co.

Opinion by

Mr. Justice Allen M. Stearns,

The question involved in this appeal is whether the refusal of the State taxing authorities to permit a foreign corporation to deduct from the value of its capital stock, for franchise tax purposes, the value of shares of a Pennsylvania corporation owned by the foreign corporation results in double taxation and in unconstitutional discrimination.

Appellee is a corporation formed under the laws of the State of Delaware, having its principal office and place of business in Greensburg, Pennsylvania. In the tax year 1938, appellee owned 50% of the shares of…