People ex rel. Third Avenue Railroad v. State Board of Tax Commissioners
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the relator, The Third Avenue Railroad Company, and the defendant, State Board of Tax Commissioners, and by the City of New York, from a final order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the'4th day of November, 1908, modifying and confirming as modified the assessment of a special franchise tax against the relator’s property made by the State Board of Tax Commissioners.
1Opinion of the Court
Kellogg, J.:
It is assumed by the parties to the record that the net earnings rule defined in People ex rel. Jamaica Water Supply Co. v. Tax Commissioners (196 N. Y. 39; 128 App. Div. 13) is the proper method of valuing the relator’s special franchise, but errors are alleged in the application thereof to the facts shown.(1) It is urged that the actual value of the tangible property should have been considered, rather than its reproduction-cost. Some of the property was practically indestructible by use, and *157much of ifc was nearly new ; as to such properties the reproduction cost would fairly…
2Cases cited3 opinions
- People Ex Rel. Jamaica Water Supply Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1909
- People ex rel. Jamaica Water Supply Co. v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Jamaica Water Supply Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1909
3Cited by12 opinions
- People Ex Rel. Binghamton Light, Heat & Power Co. v. StevensNew York Court of Appeals · 1911
- People Ex Rel. Third Avenue Railroad v. State Board of Tax CommissionersNew York Court of Appeals · 1914
- Pioneer Telephone & Telegraph Co. v. StateSupreme Court of Oklahoma · 1917
- People ex rel. Third Avenue Railroad v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1913
- People ex rel. Kings County Lighting Co. v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1913
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