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JOHN DEERE PLOW CO. v. FRANCHISE TAX BD.

Docket No. Sac. 6153.

38 Cal.2d 214 (1951)

238 P.2d 569

JOHN DEERE PLOW COMPANY OF MOLINE (a Corporation), Appellant, v. FRANCHISE TAX BOARD, etc., Respondent.

Supreme Court of California. In Bank.

December 19, 1951.

Attorney(s) appearing for the Case

Kent & Brookes, Arthur H. Kent, Valentine Brookes, John S. Best and Lewis D. Wilson for Appellant.

Fred N. Howser and Edmund G. Brown, Attorneys General, James E. Sabine and Irving H. Perluss, Deputy Attorneys General, for Respondent.

SPENCE, J.

Plaintiff brought this action to recover an additional franchise tax assessed against it for the taxable year 1938, based upon income for the year 1937, under authority of the Bank and Corporation Franchise Tax Act (Stats. 1929, p. 19, as amended; 2 Deering's Gen. Laws 1937, Act 8488, p. 3851) and paid under protest. The trial court found in defendant's favor, and from the judgment accordingly entered, plaintiff...

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