Home Fire Insurance v. Benton
Supreme Court of Arkansas
Appeal from Dallas Chancery Court; James M. Barber, Chancellor; STATEMENT BY THE COURT. The appellant sued the appellee in the Dallas Chancery Court to restrain him from collecting taxes assessed against the capital stock and surplus of appellant for the year 1911. The appellant is a domestic corporation, organized on the 16th day of January, 1905. The certificate of incorporation named Fordyce, Arkansas, as the domicile of appellant.
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Appeal from Dallas Chancery Court; James M. Barber, Chancellor; STATEMENT BY THE COURT. The appellant sued the appellee in the Dallas Chancery Court to restrain him from collecting taxes assessed against the capital stock and surplus of appellant for the year 1911. The appellant is a domestic corporation, organized on the 16th day of January, 1905. The certificate of incorporation named Fordyce, Arkansas, as the domicile of appellant. Appellant is doing a fire insurance business in Arkansas and elsewhere. A. B. Banks & Co., prior to the 27th day of May, 1911, were the general agents of…
1Opinion of the Court
Wood, J.,
(after stating the facts). The situs of the capital stock and surplus of a domestic corporation for the purpose of taxation is in the county where the corporation has its principal place of business. See Harris Lumber Co. v. Grandstaff, 78 Ark. 187; McDaniel v. Texarkana C. & M. Co., 94 Ark. 235, pp. 238-9. While these cases refer to other corporations than insurance corporations, the same rule applies, in ascertaining their domicile or principal place of business for the purpose of taxing their personal property.
The terms “domicile” and “principal place of business, ’ ’ as used in…
2Cases cited9 opinions
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Union Steamboat Co. v. . City of BuffaloNew York Court of Appeals · 1880
- Milwaukee Steamship Co. v. City of MilwaukeeWisconsin Supreme Court · 1892
- Detroit Transportation Co. v. Board of AssessorsMichigan Supreme Court · 1892
- Teagan Transportation Co. v. Board of AssessorsMichigan Supreme Court · 1905
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3Cited by8 opinions
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1922
- State Ex Rel. Willamette National Lumber Co. v. Circuit CourtOregon Supreme Court · 1949
- Schirmer v. CockrillSupreme Court of Arkansas · 1954
- Woodruff Electric Cooperative Corp. v. Weis Butane Gas Co.Supreme Court of Arkansas · 1953
- Missouri Pacific Railroad v. W. S. Fox & Sons, Inc.Supreme Court of Arkansas · 1971
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