Legal Opinion

Gross Income Tax Division v. Warner Bros. Pictures Distributing Corp.

Indiana Supreme Court

Decided March 17, 1954No. 29,045PublishedCited by 10 opinions

1Opinion of the CourtFlanagan, J.

The question presented is whether appellee is engaged in interstate commerce. If so engaged, and the tax sought to be imposed is a direct burden upon that commerce, its receipts are not subject to the Indiana Gross Income Tax.

Appellee is a New York corporation iicensed to do business in the State of Indiana. It maintains branch offices, called film exchanges, in the principal cities throughout the country, for the purpose of distributing its motion picture films to exhibitors who sign license agreements with the corporation. One such office is located in Indianapolis and serves those…

2Cases cited3 opinions

  1. Indiana Department of State Revenue v. Surface Combustion Corp.Indiana Supreme Court · 1953
  2. State v. Paramount Publix CorporationSupreme Court of Louisiana · 1933
  3. Paramount Pictures Distributing Co. v. HennefordWashington Supreme Court · 1935

3Cited by10 opinions

  1. Bethlehem Steel Corp. v. Indiana Department of State RevenueIndiana Tax Court · 1992
  2. Indiana Department of State Revenue v. Convenient Industries of America, Inc.Indiana Court of Appeals · 1973
  3. Indiana Department of State Revenue v. J. C. Penney Co.Indiana Court of Appeals · 1980
  4. In Re the Tax Appeal of Heftel Broadcasting Honolulu, Inc.Hawaii Supreme Court · 1976
  5. United Artists Theatre Circuit, Inc. v. Indiana Department of State Revenue, Gross Income Tax DivisionIndiana Court of Appeals · 1984

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