From Casetext: Smarter Legal Research

People ex Rel. Eastern Building Corp. v. Lynch

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1935
245 App. Div. 787 (N.Y. App. Div. 1935)

Opinion

June, 1935.

Appeal from State Tax Commission.

Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.


The relator, a domestic real estate corporation, during the year 1928 declared and distributed on its common stock a dividend in the form of preferred stock. This stock dividend was paid from a surplus resulting from an appreciation in the value of relator's real property as reflected in an appraisal thereof. The Tax Commission included this stock dividend in the dividends paid by the corporation during the year 1928 for the purpose of measuring the tax upon the capital stock. The statute imposed a tax upon the capital stock in this instance to be measured by "the dividends made or declared on the par value of any kind of capital stock." (Tax Law, § 182, as amd. by Laws of 1927, chap. 478.) Determination unanimously confirmed, with fifty dollars costs and disbursements. ( People ex rel. Wedgewood R. Co. v. Lynch, 262 N.Y. 202; motion to amend remittitur denied, Id. 644; motion for reargument denied, 263 id. 669.)


Summaries of

People ex Rel. Eastern Building Corp. v. Lynch

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1935
245 App. Div. 787 (N.Y. App. Div. 1935)
Case details for

People ex Rel. Eastern Building Corp. v. Lynch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. EASTERN BUILDING CORPORATION…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 1, 1935

Citations

245 App. Div. 787 (N.Y. App. Div. 1935)

Citing Cases

People ex Rel. Adams Electric Light Co. v. Graves

( People ex rel. Pullman Co. v. Glynn, 130 App. Div. 332, 333; affd. on opinion below, 198 N.Y. 605.) To the…

People ex Rel. Adams Elec. Lgt. Co. v. Graves

Frequently, however, dividends are declared in the form of scrip, or stock. The courts of this State have…