Legal Opinion

People ex rel. A. G. Hyde & Sons v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1904Published

Certiorari issued out of the Supreme Court and attested on the 19th day of August, 1903, directed to Nathan L. Miller, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany, all and singular his proceedings had in assessing a franchise tax upon the relator for the year ending October 31, 1902.

1Opinion of the Court

Smith, J.:

This controversy presents a single question. This domestic corporation had assets amounting to $1,503,342, of which $868,043 were in New York, and $635,299 were outside the State of New York. Its liabilities amounted to $784,610.80. The Comptroller upon adjustment reduced the tax to $472.79, which amount was reached by assessing the tax upon the assets within this State reduced only by such proportion of the liabilities of the relator as would be represented by the amount of assets in this State as compared with the total assets. The relator claims that from the gross assets should…

2Cases cited3 opinions

  1. People Ex Rel. Thurber, Whyland Co. v. BarkerNew York Court of Appeals · 1894
  2. People Ex Rel. Hecker-Jones-Jewell Milling Co. v. BarkerNew York Court of Appeals · 1895
  3. People ex rel. Wiebusch & Hilger Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1897

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