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Dauphin County Reports (Volume 2)

Dauphin County Reports (Volume 2)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Commonwealth vs. The Western Union Telegraph Company. is upon the defendant's property, (Com. vs. Standard Oil Co., 101 Pa. 145), while the commonwealth's method of apportionment is one which would perhaps be appropriate if the tax were upon the defendant's business, but which cannot be used to apportion a tax upon capital stock without difficulties so great as to require its rejection. The defendant leases the property of another corporation; it still belongs to the lessor and is taxed through the lessor's capital stock; why is the lessee's capital stock to be taxed by a method which assumes that it also owns the same property ? Or, the defendant controls the operation of a telegraph line owned by another corporation; the latter is still the owner and is taxed in respect of such ownership; for what reason is the defendant to be taxed as if it also were the owner? It is not a sufficient answer to say, that the lumping method now before us is convenient and does substantial justice, the defendant being credited with all payments made on account of the tax on capital stock by the corporations whose lines are leased or controlled; for the defendant ought not to be bound by accounts and payments to which it is not a party and of which it had no notice. Further, while in these days of '' systems'' it might for some purposes be convenient, and for some it may even be proper, to treat the aggregate as a single unit, it is exceedingly difficult to get rid of the separate corporate constituents. So many legal rules and separate legal rights rest upon their continued corporate life, that the courts at least must in general still treat them as alive, leaving to the legislature the vast problem which the commonwealth's method suggests. As a matter of practice, also, it would not do to b...


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Product Details
  • ISBN-13: 9781459043145
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 170
  • Spine Width: 9 mm
  • Width: 189 mm
  • ISBN-10: 1459043146
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 313 gr


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