Taxation of Corporations And Personal Income in New York
Taxation of Corporations And Personal Income in New York
Henry M Henry Montefiore Powell
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The State franchise tax thus assessed bears equally upon every like corporation within the State of New York. It does not constitute a double fran- chise tax, though the National government makes use of the same foun- dation in levying an income tax. The two governments act independently, and levy different taxes, and we are unable to discover any of the evils which are charged against the assessments here under consideration. It is difficult in advance to determine what the right to do busines...s in an organized capacity for the coming year is worth. The fixing of a measure upon which the value of the right can be determined to quite an extent must be arbitrary perhaps artificial. In no case under our law is the actual net income the basis of a franchise tax. Either capital employed, or the gross earnings, or the capital and dividends, the pre- DECISIONS 343 miums received, the capital stock, surplus and undivided profits, or the surplus and undivided profits, is made the measure of the tax.
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