Jones & Nimick Manufacturing Co. v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1871, No. 11. The accounting officers of the Commonwealth, on the 23d of July 1869, settled an account against The Jones and Nimiek Manufacturing Company, for tax on net earnings for the years ending November 1st 1864,1866 and 1867; the amount found due to the Commonwealth was $685.73. The Jones and Nimiek Manufacturing Company was incorporated by Act of April 1st 1863; by the 4th section of which it is…
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1871, No. 11. The accounting officers of the Commonwealth, on the 23d of July 1869, settled an account against The Jones and Nimiek Manufacturing Company, for tax on net earnings for the years ending November 1st 1864,1866 and 1867; the amount found due to the Commonwealth was $685.73. The Jones and Nimiek Manufacturing Company was incorporated by Act of April 1st 1863; by the 4th section of which it is provided that dividends may be declared, and paid, whenever the directors deem it advisable, but said dividends shall in no…
1Opinion of the Court
The opinion of the court was delivered, October 9th 1871, by
Read, J.
Dividends are not net earnings or income as used in the second section of the Act of 30th April 1864, P. L. 218, for individuals are included in the persons taxed, who neither pay nor declare dividends. A manufacturing company, not paying a tax to the state upon dividends under existing laws, pays a tax upon its annual net earnings or income, and this description includes the plaintiffs in error. The fourth section of their charter provides: “ That the company shall pay into the treasury of the state a bonus of two and a half…
2Cases cited1 opinion
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