Legal Opinion · Dissent

Appalachian Electric Power Co. v. Koontz

West Virginia Supreme Court

Decided March 17, 1953No. CC 798Published

1Dissent

Haymond, President,

dissenting in part:

I concur in the decision of the majority in this case to the extent that it holds that the tax levied against the plaintiff, an electric light and power company, under Section 2(d), Article 13, Chapter 11, Code, 1931, as amended, is determined solely by the amount of income received by it from sales and demand charges, and that its income from an activity merely incidental to its public service business is not included within its income from sales and demand charges and is not subject to any tax levied by any section of Article 13 of Chapter 11, Code,…

2Cases cited43 opinions

  1. State v. EpperlyWest Virginia Supreme Court · 1951
  2. Miners in General Group v. HixWest Virginia Supreme Court · 1941
  3. Slack v. JacobWest Virginia Supreme Court · 1875
  4. Harbert v. County Court of Harrison CountyWest Virginia Supreme Court · 1946
  5. Hereford v. MeekWest Virginia Supreme Court · 1949

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