City of Lowell v. County Commissioners
Massachusetts Supreme Judicial Court
Three Petitions for writs of certiorari to quash the proceedings of the county commissioners of Middlesex in abating taxes assessed upon certain corporations by the city of Lowell.
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Three Petitions for writs of certiorari to quash the proceedings of the county commissioners of Middlesex in abating taxes assessed upon certain corporations by the city of Lowell. In the etrst CASE the petition alleged in substance that the assessors of the city of Lowell, on May 1, 1886, duly assessed a tax upon the Merrimack Manufacturing Company, a corporation having its usual place of business in that city; that the corporation did not file with the assessors a list of its estate liable to taxation in the city for that year, duly subscribed and sworn to by it, within the time specified…
1Opinion of the CourtMorton, C. J.
The object of the thirteenth chapter of the Public Statutes is to provide for an excise or duty upon the franchises of corporations payable to the Commonwealth. Commonwealth v. Hamilton Manufacturing Co. 12 Allen, 298. The provisions which affect this case are contained in §§ 38 to 41. The general seheme of the statute is that the tax commissioner shall determine in the first instance the taxable value of the franchise. To do this he is to ascertain the fair market value of all the shares of the capital stock of the corporation, and deduct therefrom an amount equal to the value, as determined…
2Cases cited3 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
- Inhabitants of Tewksbury v. County CommissionersMassachusetts Supreme Judicial Court · 1875
3Cited by18 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Moran v. School CommitteeMassachusetts Supreme Judicial Court · 1945
- City of Lowell v. County CommissionersMassachusetts Supreme Judicial Court · 1890
- Central National Bank v. City of LynnMassachusetts Supreme Judicial Court · 1927
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