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S. S. KRESGE CO. v. BENNETT

51 F.2d 353 (1931)

S. S. KRESGE CO. v. BENNETT, Attorney General of New York, et al.

District Court, S. D. New York.

July 2, 1931.

Attorney(s) appearing for the Case

Beekman, Bogue & Clark, of New York City (Edward K. Hanlon and Hubert C. Mandeville, both of New York City, of counsel), for plaintiff.

John J. Bennett, Jr. (Wendell P. Brown, of Albany, N. Y., of counsel), for the Attorney General.

Before MACK, Circuit Judge, and FRANK J. COLEMAN and COXE, District Judges.

PER CURIAM.

The taxes as determined by the commission were in exact accord with the method tentatively prescribed by the statute for the apportionment of the plaintiff's entire net income. In determining the base the commission accepted the plaintiff's reported net income for its entire system and took such proportion of it as the designated New York assets bore to all such assets in the plaintiff's entire business. This statute, and more specifically this method...

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