Legal Opinion

People ex rel. Standard Oil Co. v. Saxe

Appellate Division of the Supreme Court of the State of New York

Decided September 25, 1917PublishedCited by 2 opinions

Certiorari issued out of the Supreme Court and attested on the 28th day of October, 1916, directed to Martin Saxe and others, as and constituting the State Tax Commission of the State of New York, commanding them to certify and return to the clerk of the county of Albany all and singular their proceedings had in assessing a franchise tax against the relator.

1Opinion of the Court

Lyon, J.:

The determination of this appeal depends upon the meaning to be given the term “ capital stock ” as used in the final sentence of section 183 of the Tax Law (Consol. Laws, chap. 60; Laws of 1909, chap. 62).

The facts are practically conceded. The relator is a domestic corporation organizedin 1882, under the Business Corporations Law, for the purpose of “ refining petroleum and manufacturing and dealing in petroleum and the various products thereof, and the packages for same * * It has an author-

ized capital stock of $75,000,000, all of which is issued and outstanding. During the year…

2Cases cited14 opinions

  1. Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
  2. People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
  3. In re the Trustees of the New York & Brooklyn BridgeNew York Court of Appeals · 1878
  4. People of State of New York v. . McGloinNew York Court of Appeals · 1883
  5. People Ex Rel. Empire State Dairy Co. v. SohmerNew York Court of Appeals · 1916

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3Cited by2 opinions

  1. Miller Properties, Inc. v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 2001
  2. Central Union Trust Co. of New York v. EdwardsCourt of Appeals for the Second Circuit · 1923

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