Commonwealth v. A. M. Byers Co.

Opinion by

Mr. Justice Allen M. Stearne,

This is an appeal from a judgment rendered against the Commonwealth and in favor of a Pennsylvania manufacturing corporation with respect to the corporation’s capital tax liability for the year 1935.

Section 1 of the Act of May 16th, 1935, P. L. 184 (72 PS Section 1892) removed the capital stock tax exemption of corporations organized exclusively for manufacturing purposes and actually carrying on manufacturing within the state as provided by Section 21 of the Act of June 1, 1889, P. L. 420. The Act of 1935, supra, imposed a tax of five mills upon each…