People ex rel. Bank for Savings v. Miller
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 12th day of July, 1902, directed to Nathan L. Miller, as Comptroller of the State of New York, requiring him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in denying the relator’s application for a revision and readjustment of an assessment of a franchise tax against the said relator, a domestic corporation, for the year ending June 30, 1901. The…
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Certiorari issued out of the Supreme Court and attested on the 12th day of July, 1902, directed to Nathan L. Miller, as Comptroller of the State of New York, requiring him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in denying the relator’s application for a revision and readjustment of an assessment of a franchise tax against the said relator, a domestic corporation, for the year ending June 30, 1901. The assessment made by him for that year was the sum of $4,610,252.92, and the tax at the rate fixed by law amounted to…
1Opinion of the Court
Chester, J.:
The relator challenges the legality of the assessment of the par value of its surplus and undivided earnings made by the respondent upon the grounds that he improperly included therein, first, interest accrued upon investments, but not due or payable on June 30, 1901; second, a valuation at par of certain stocks and bonds owned by it when their market value was $296,500 less than such par value, and, third, an overvaluation of its banking house and lot of $350,000.- It is also urged that the law authorizing the tax is unconstitutional.
The law under which the tax was imposed upon…
2Cases cited4 opinions
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- Delafield v. StateNew York Supreme Court · 1841
- State of Illinois v. DelafieldNew York Court of Chancery · 1840
- Monroe Savings Bank v. . City of RochesterNew York Court of Appeals · 1867
3Cited by6 opinions
- Stephen & Stephen Properties, Inc. v. State Tax Com'nSupreme Court of Missouri · 1973
- State v. City of SeattleWashington Supreme Court · 1913
- People ex rel. Provident Loan Society v. ChambersNew York Supreme Court · 1949
- In re StonemanNew York Surrogate's Court · 1914
- Hackensack Water Company v. Borough of Old TappanSupreme Court of New Jersey · 1978
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