Legal Opinion

State v. Lovejoy

Supreme Court of Alabama

Decided July 2, 1914PublishedCited by 6 opinions

Certiorari to Court of Appeals. Application by the state of Alabama for certiorari or other remedial writ to review the decision rendered by the Court of Appeals in. the case of State of Alabama v. T. E. Lovejoy, (Mem) 64 South. 1021, to collect on the suit of the state the sum of $157.95 as taxes due by Lovejoy to the- state and county upon 1,950 shares of the capital stock of the Alabama Fidelity & Casualty Company.

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Certiorari to Court of Appeals. Application by the state of Alabama for certiorari or other remedial writ to review the decision rendered by the Court of Appeals in. the case of State of Alabama v. T. E. Lovejoy, (Mem) 64 South. 1021, to collect on the suit of the state the sum of $157.95 as taxes due by Lovejoy to the- state and county upon 1,950 shares of the capital stock of the Alabama Fidelity & Casualty Company. The court erred in allowing the exemptions. — Tarrant v. Bessemer N. Bank, 61 South. 47; McGuire v. Bd. of Rev., 71 Ala. 413; 3 Wall. 581. These authorities are in conflict with…

1Opinion of the CourtAnderson, C. J.

Section 2082 of the Code of 1907, subd. 9, provides for the assessment of every share ■of stock of any corporation therein embraced, and, while the assessment must be made by the officer of the corporation, and the tax is to' be paid by the corporation, it was the manifest purpose of the Legislature to' levy the tax on the shares of stock and against the holder *403thereof, as distinguished from the corporation itself. This section also provides that in arriving at an estimate as to the value of the respective shares so1 assessed there shall be deducted from the aggregate amount or sum at which…

2Cases cited21 opinions

  1. Van Allen v. AssessorsSupreme Court of the United States · 1866
  2. Mercantile Bank v. New YorkSupreme Court of the United States · 1887
  3. Bank of Commerce v. Tennessee Ex Rel. MemphisSupreme Court of the United States · 1896
  4. Cleveland Trust Co. v. LanderSupreme Court of the United States · 1902
  5. Bradley v. The PeopleSupreme Court of the United States · 1867

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3Cited by6 opinions

  1. Union Central Life Ins. v. State Ex Rel. WhetstoneSupreme Court of Alabama · 1933
  2. Burroughs v. BellSouth Telecommunications, Inc.Court of Appeals for the Eleventh Circuit · 2007
  3. Ceylon Co. v. HawkinsSupreme Court of Alabama · 1921
  4. State v. LovejoyAlabama Court of Appeals · 1915
  5. State v. Southeastern Metals Co.Supreme Court of Alabama · 1950

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