People Ex Rel. New York Mail & Newspaper Transportation Co. v. Gaus
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 12, 1909, which modified and confirmed as modified a determination of the state comptroller assessing a franchise tax against the relator for the years 1907 and 1908. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 12, 1909, which modified and confirmed as modified a determination of the state comptroller assessing a franchise tax against the relator for the years 1907 and 1908. The facts, so far as material, are stated in the opinion. Tho policy of New York state in taxing corporations for state purposes has always been to base the tax on the actual value and condition of the company. (N. Y. & E. R. F. Co. v. Roberts, 168 N. Y. 14.) R. Floyd Clarke for Uvalde Asphalt Paving Company,…
1Opinion of the CourtWerner, J.
The relator, a domestic corporation organized in 1893, has a capital stock of §1,000,000 of the par value of $100 per share, all issued and outstanding. Its business con sists of transporting mail matter under contract with the Federal government through pneumatic tubes between postal stations in the several boroughs of the city of New York. Under section 182 of the Franchise Tax Law, the comptroller assessed a tax upon the relator for the years 1907 and 1908, based upon the relator’s condition-in the years 1906 and 1907. This tax was assessed at the rate of f of a mill upon each dollar of…
2Cases cited2 opinions
- People Ex Rel. Mutual Trust Co. v. . MillerNew York Court of Appeals · 1903
- People Ex Rel. Fifth Avenue Building Co. v. WilliamsNew York Court of Appeals · 1910
3Cited by8 opinions
- Matter of Good Humor Corporation v. McGoldrickNew York Court of Appeals · 1943
- Ohio v. HarrisCourt of Appeals for the Sixth Circuit · 1916
- Brooklyn Union Gas Co. v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1945
- Travis v. American Cities Co.Appellate Division of the Supreme Court of the State of New York · 1920
- People v. ReillyNew York Court of Special Session · 1959
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