NEWPORT GAS LIGHT COMPANY v. Norberg

On August 22, 1973, the Newport Gas Light Company petitioned the defendant Tax Administrator under G. L. 1956 (1969 Reenactment) §42-35-8 for a declaratory ruling on whether or not the public service corporation gross earnings tax prescribed in G. L. 1956 (1970 Reenactment) §§44-13-1 and 44-13-4(E) 1 applied to the proceeds received by it from the condemnation of certain of its real property by the Newport Redevelopment Agency. The administrator ruled against the taxpayer because in his judgment condemnation proceeds were taxable as “gross earnings” within the contemplation of the statute.…