KELLY, J. (dissenting).
Plaintiff filed its 1952 annual report as a mining company and paid a franchise tax for that year in the sum of $51,558.55. Defendant commission found that there was a deficiency of $62,525. Plaintiff appealed to the corporation tax appeal board and a hearing was had before said board on December 12, 1955. Plaintiff, on leave granted by this Court, appeals from the board's determination that there was a balance due on said tax of $62...
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