Legal Opinion

Atlantic Lumber Co. v. Commissioner of Corporations and Taxation of Mass.

Supreme Court of the United States

Decided May 25, 1936No. 715PublishedCited by 29 opinions

1Opinion of the CourtJustice Sutherland

A Massachusetts statute (Gen. Laws, Ter. ed., c. 63, §§ 39-43) imposes upon a foreign corporation, with respect to the carrying on or doing of business by it within the commonwealth, an excise in a sum to be ascertained as the statute provides. So far as the present case is concerned, the amount of the excise is a specified percentage of the value of the corporate excess employed by the corporation within the commonwealth. Such corporate excess (§ 30, par. 4) means, in the case of a foreign corporation, such proportion of the fair value of its capital stoqk as the value of the assets employed…

2Cases cited4 opinions

  1. Alpha Portland Cement Co. v. MassachusettsSupreme Court of the United States · 1925
  2. Cheney Bros. Co. v. Commonwealth of MassachusettsSupreme Court of the United States · 1916
  3. Ozark Pipe Line Corp. v. MonierSupreme Court of the United States · 1925
  4. Atlantic Lumber Co. v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1935

3Cited by29 opinions

  1. Spector Motor Service, Inc. v. O'ConnorSupreme Court of the United States · 1951
  2. Southern Pacific Co. v. GallagherSupreme Court of the United States · 1939
  3. Memphis Natural Gas Co. v. StoneSupreme Court of the United States · 1948
  4. Memphis Natural Gas Co. v. BeelerSupreme Court of the United States · 1942
  5. Southern Natural Gas Corp. v. AlabamaSupreme Court of the United States · 1937

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