Legal Opinion · Dissent

People Ex Rel. L. N.Y.R.R. Co. v. . Sohmer

New York Court of Appeals

Decided March 21, 1916Published

1Dissent

The tax imposed by section 182 of the Tax Law is imposed upon a corporation "for the privilege of doing business or exercising its corporate franchises in this state." The tax thus imposed has no relation to the special franchises which such a corporation may enjoy. The special franchises are assessed and taxed by a different method. The tax imposed by section 182 is solely upon the privilege of doing business or exercising its general franchise of the right to be a corporation in this state. The law imposes the tax not on the extent of its business but merely upon the exercise of its general…

2Cases cited3 opinions

  1. McCoach v. Minehill & Schuylkill Haven RailroadSupreme Court of the United States · 1913
  2. People Ex Rel. Fifth Avenue Building Co. v. WilliamsNew York Court of Appeals · 1910
  3. People Ex Rel. Vandervoort Realty Co. v. GlynnNew York Court of Appeals · 1909

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