Legal Opinion

Norandal USA, Inc. v. State Department of Revenue

Court of Civil Appeals of Alabama

Decided May 10, 1989No. Civ. 6782PublishedCited by 7 opinions

1Opinion of the Court

RUSSELL, Judge.

This is a statutory construction case.

The circuit court construed Ala.Code (1975), § 40-14-41(b)(4) (1985 Repl.Vol.), and held that certain open-account advances made to Norandal USA constituted capital so as to be included in the measure of the corporate franchise tax. Norandal appeals. We reverse.

The part of the statute in question concerns the definition of “capital” for franchise tax purposes. That provision is as follows:

“(4) The amount of the bonds, notes, debentures or other evidences of indebtedness maturing and payable at the time to (i) any individual stockholder…

2Cases cited6 opinions

  1. Ex Parte HolladaySupreme Court of Alabama · 1985
  2. Standard Oil Company v. StateCourt of Civil Appeals of Alabama · 1975
  3. Mesler v. HollyDistrict Court of Appeal of Florida · 1975
  4. Dir., Dept. of Ind. Rel. v. Winston Co. Com'nCourt of Civil Appeals of Alabama · 1985
  5. Ex Parte KirkpatrickSupreme Court of Alabama · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Ex Parte Southeast Alabama Medical CenterCourt of Civil Appeals of Alabama · 2002
  2. Alabama Department of Revenue v. American Equity Investment Life Insurance Co.Court of Civil Appeals of Alabama · 2015
  3. State Dept. of Revenue v. Sonat, Inc.Court of Civil Appeals of Alabama · 1997
  4. Alabama Department of Public Health and Scott Harris, M.D., in his official capacity as State Health Officer v. TSTL Holdings, LLC (Appeal from Montgomery Circuit Court: CV-23-900643).Court of Civil Appeals of Alabama · 2025
  5. State Dep't of Revenue v. Coca-Cola Refreshments, U.S.A., Inc.Court of Civil Appeals of Alabama · 2017

2 more not listed; retrieve them via the Exa API.

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