Legal Opinion

Merchants Cigar & Candy Co. v. City of Birmingham

Supreme Court of Alabama

Decided May 25, 1944No. 6 Div. 237PublishedCited by 11 opinions

1Opinion of the Court

FOSTER, Justice.

The question in this case is the proper computation of the amount of the “gross receipts” from appellant’s wholesale tobacco business on which a city license tax is imposed. The city ordinance laying the tax is in broad terms, with no exceptions and nothing to restrict the all-inclusive application thereby indicated. It relates to “tobacco and snuff (wholesale), including cigarettes.” It is insisted that there should not be included in appellant’s “gross receipts” for such sales the amounts which appellant shall have paid the State and city (under a different ordinance) for…

2Cases cited2 opinions

  1. Lash's Products Co. v. United StatesSupreme Court of the United States · 1929
  2. Pure Oil Co. v. StateSupreme Court of Alabama · 1943

3Cited by11 opinions

  1. Ross Jewelers, Inc. v. StateSupreme Court of Alabama · 1953
  2. City of Mobile v. MAD, INC.Supreme Court of Alabama · 1996
  3. United Nuclear Corp. v. Revenue Division, Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1982
  4. S. & L. Straus Beverage Corp. v. CommonwealthSupreme Court of Virginia · 1947
  5. State v. Automatic SalesSupreme Court of Alabama · 1964

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