People Ex Rel. Weber Piano Co. v. . Wells
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered September 24, 1904, which affirmed an order of Special Term vacating an assessment for taxation of the capital stock of the relator for the year 1903. The facts, so far as material, are stated in the opinion. The burden is upon the relator to show that it has been aggrieved by the assessment made.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered September 24, 1904, which affirmed an order of Special Term vacating an assessment for taxation of the capital stock of the relator for the year 1903. The facts, so far as material, are stated in the opinion. The burden is upon the relator to show that it has been aggrieved by the assessment made. (People ex rel. v. Barker, 66 Hun, 21; 137 N. Y. 544 ; People ex rel. v. Feitner, 54 App. Div. 214; 165 N. Y. 645 ; People ex rel. v. Feitner, 60 App. Div. 282.) In making .the assessment…
1DissentWerner, J.
(dissenting). -The only question presented by this appeal is whether a corporation, liable to taxation under section 12 of the General Tax Law (L. 1896, cli. 908) and owning real estate subject to mortgage, is entitled to have deducted from its capital stock and surplus profits exceeding ten per cent of its capital the whole assessed valuation of its real estate, when it has included in its statement of capital stock only its equity in such real estate.
Section 12 of the General Tax Law provides that “ The capital stock of every company liable to taxation, except such part of it as shall have…
2Cases cited3 opinions
- People Ex Rel. Equitable Gas Light Co. v. BarkerNew York Court of Appeals · 1894
- People Ex Rel. Van Nest v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1880
- People ex rel. Eden Musee American Co. v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1901