Louisville & Jeffersonville Ferry Co. v. Commonwealth
Court of Appeals of Kentucky
Case 97 — Action by the Commonwealth v. Louisville & Jefferson-ville Feerby Company to Recover Taxes APPEAL from franklin circuit court. Judgment fob Commonwealth and Defendant Appeals. First, The Boar.d of Valuation and Assessment had no right to take into consideration the value of the Indiana franchise for the purpose of a Kentucky assessment. Second, The assessment being based upon earnings of interstate commerce is void.
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Case 97 — Action by the Commonwealth v. Louisville & Jefferson-ville Feerby Company to Recover Taxes APPEAL from franklin circuit court. Judgment fob Commonwealth and Defendant Appeals. First, The Boar.d of Valuation and Assessment had no right to take into consideration the value of the Indiana franchise for the purpose of a Kentucky assessment. Second, The assessment being based upon earnings of interstate commerce is void. Third, The hoard was bound by the law to apportion the net earnings equitably between the Kentucky franchise and the Indiana franchise. Fourth, The taxes for 1893 are…
1Opinion of the Court
*720Opinion cnr the court by
JUDGE PAYNTEJR
Affirming. Followed BY SECOND OPINION, ALSO AFFIRMING.
The judgments from which the appeals are prosecuted are for the franchise tax for the years 1894, 1895, 1896, 1897 and 1898. The appellant is a corporation organized under a special act of the Legislature passed in 1869. It purchased a ferry franchise which had been originally granted by the territorial authorities of Indiana, which authorized the original grantee to conduct a ferry business across the Ohio river from Indiana to Kentucky. By regular devolution of title, through descents and…
2Cases cited7 opinions
- Philadelphia & Southern Steamship Co. v. PennsylvaniaSupreme Court of the United States · 1887
- Morgan v. ParhamSupreme Court of the United States · 1873
- Henderson Bridge Co. v. KentuckySupreme Court of the United States · 1897
- New York, Lake Erie & Western Railroad v. PennsylvaniaSupreme Court of the United States · 1895
- Henderson Bridge Co. v. CommonwealthCourt of Appeals of Kentucky · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Louisville & N. R. v. BosworthDistrict Court, E.D. Kentucky · 1913
- Illinois Cent. R. R. v. CommonwealthCourt of Appeals of Kentucky · 1908
- Chicago, St. Louis & N. O. Ry. Co. v. CommonwealthCourt of Appeals of Kentucky · 1903
- Southern Railway v. CoulterCourt of Appeals of Kentucky · 1902
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1907
6 more not listed; retrieve them via the Exa API.