State v. Southern Natural Gas Corporation
Citation | 233 Ala. 81,170 So. 178 |
Decision Date | 11 June 1936 |
Docket Number | 3 Div. 173 |
Parties | STATE v. SOUTHERN NATURAL GAS CORPORATION. |
Court | Supreme Court of Alabama |
Rehearing Denied Oct. 15, 1936
Appeal from Circuit Court, Montgomery County; Walter B. Jones Judge.
Appeal to the circuit court by the Southern Natural Gas Corporation from an assessment by the State Tax Commission for franchise taxes. From a decree setting aside the assessment, the State appeals.
Reversed and rendered.
A.A Carmichael, Atty. Gen., and Frontis H. Moore, Asst. Atty Gen., for the State.
Cabaniss & Johnston and Jos. F. Johnston, all of Birmingham, for appellee.
The appeal to the circuit court was from an assessment made by the state tax commission. Gen.Acts 1927, p. 181, § 66.
The insistence was that the items included in the computation of the assessment did not constitute capital employed in intrastate business within the state of Alabama and within the purview of section 232 of the Constitution of Alabama. The franchise tax for the year 1931, as provided by the Revenue Act of 1927 (Gen.Acts 1927, p. 176, § 54), was fixed by the state tax commission at $11,047.43, based upon capital employed in Alabama, found to amount to $5,523,715.
The submission for decision by the circuit court was upon an agreed statement of facts; the decision was for that appellant, and the state appealed to this court for a review of the adverse ruling of the circuit court. The agreed statement of facts is aided by exhibits which illustrate that pleading and are to be considered, in testing the correctness of the judgment rendered, as a part of the statement of facts. Grimsley v. First Ave. Coal & Lumber Co., 217 Ala. 159, 115 So. 90.
The record shows that appellee is a Delaware corporation qualified to do business in this state. Its original and amended charter was filed in its qualification under section 232 of the Constitution of Alabama. Its corporate powers are enumerated as follows:
The agreed statement of facts further recites:
Its contracts for sales are thus stated:
The delivery of gas is declared and to have been made by appellant to all of said purchasers under the following conditions:
The industrial activities of the company as affecting its future deliveries are thus indicated:
To continue reading
Request your trial-
Alabama Textile Products Corp. v. State, 3 Div. 726
...receivable from the measure of the tax. In this connection see the Pullman-Standard Car Mfg. Co. case, supra, and State v. Southern Natural Gas Corp., 233 Ala. 81, 170 So. 178; Southern Natural Gas Corp. v. State, 301 U.S. 148, 57 S.Ct. 696, 698, 81 L.Ed. 970, and Wheeling Steel Corporation......
-
State v. Plantation Pipe Line Co., 3 Div. 735
...... the tax year 1952 against Plantation Pipe Line Company, a corporation, in the amount of $22,655. Plantation Pipe Line Company appealed from the ... It is well known, at least to those acquainted with the natural gas pipeline industry, that in several parts of the country such gas ... After the 1907 Act was declared unconstitutional in Southern Railway Co. v. Greene, 216 U.S. 400, 30 S.Ct. 287, 54 L.Ed. 536, the ......
-
Mississippi River Fuel Corp. v. Smith, 37831.
...... MISSISSIPPI RIVER FUEL CORPORATION ET AL., Appellants, . v. . FORREST SMITH, State ... to Transfer to Banc and for Rehearing June 3, 1942. . Further Rehearing Denied, July 28, ...465; State Tax Comm. v. Interstate Natural Gas Co., 284 U.S. 41; Southern Natural Gas Corp. ...16 C.J.S., p. 173, sec. 82; State ex rel. v. Woods, 317 Mo. 408; ......
-
White v. Reynolds Metals Co.
...U.S. 218, 53 S.Ct. 373, 77 L.Ed. 710 (1933); Investors' Syndicate v. State, 227 Ala. 216, 149 So. 83 (1933); State v. Southern Natural Gas Corp., 233 Ala. 81, 170 So. 178 (1936), affirmed, 301 U.S. 148, 57 S.Ct. 696, 81 L.Ed. 970 (1937); State v. Pullman-Standard Car Mfg. Co., 235 Ala. 493,......