(Download) "Hans Rees Sons v. North Carolina Ex Rel. Maxwell" by Supreme Court of the United States * eBook PDF Kindle ePub Free
eBook details
- Title: Hans Rees Sons v. North Carolina Ex Rel. Maxwell
- Author : Supreme Court of the United States
- Release Date : January 13, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
The appellant, Hans Rees Sons, Inc., a corporation organized under the laws of New York, began this action by an application to the Commissioner of Revenue of the State of North Carolina for the readjustment of the income tax assessed against the appellant by that State. The assessment was for the years 1923, 1924, 1925 and 1926, in accordance with the applicable state laws, and the controversy related to the proper allocation of income to the State of North Carolina. The Commissioner of Revenue made his findings of fact and conclusions of law, the appellants exceptions were overruled and the prayer for revision of the taxes was disallowed. Appeal, waiving a jury, was taken to the Superior Court of Buncombe County, North Carolina. On the trial in that court, evidence was introduced by the appellant with respect to the course of business and the amount and sources of income for the years in question. The appellant admitted that "(a) in assessing the tax the Commissioner of Revenue followed the statutory method . . .; (b) that the valuation of the real estate and tangible property of the taxpayer both within and without the State is correct; (c) that the total net income used as a basis for the calculation of the tax is correct; (d) that the allocation of the net income for purposes of taxation was in full accord with the statute." The contention of the appellant was that the income tax statute as applied to the appellant, upon the facts disclosed, was arbitrary