Legal Opinion

People ex rel. Manhattan Silk Co. v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1908PublishedCited by 3 opinions

Cebtiobabi issued out of the Supreme Court and attested on the 12th day of September, T903, directed to Nathan L. Miller, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in regard to the assessment of a license fee to be paid by the relator under section 181 of the Tax Law (Laws of 1896, chap. 908, as amd. by Laws of 1901, chap. 558),* and the amount of…

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Cebtiobabi issued out of the Supreme Court and attested on the 12th day of September, T903, directed to Nathan L. Miller, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in regard to the assessment of a license fee to be paid by the relator under section 181 of the Tax Law (Laws of 1896, chap. 908, as amd. by Laws of 1901, chap. 558),* and the amount of franchise taxes to be paid by the relator for the years ending October 31, 1898, 1899, 1900, 1901 and 1902 under section 182…

1Opinion of the Court

Smith, P. J.:

The relator complains that the money invested in the stock of the ■ other corporation was not taxable, but was simply an investment. Inasmuch as this was one of the purposes of the corporation, however, we have held that such an investment is taxable. (People ex rel. North American Co. v. Miller, 90 App. Div. 560 ; affd., 182 N. Y. 521.) It is further contended, inasmuch as this company was not doing business for a profit, that the capital was not employed within the State. That contention is not good here, because they were doing business for a profit. They took their profits…

2Cases cited2 opinions

  1. People ex rel. North American Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1904
  2. People ex rel. Hans Rees' Sons v. MillerAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by3 opinions

  1. American Telephone & Telegraph Co. v. State Tax CommissionNew York Court of Appeals · 1984
  2. Telephone & Telegraph Co. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1983
  3. City of Newark v. Household Finance Corp.New Jersey Tax Court · 1940

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