SPARKS v. WEST POINT MANUFACTURING COMPANY

3 Div. 972.

145 So.2d 816 (1962)

Guy SPARKS, as Commissioner of Revenue, v. WEST POINT MANUFACTURING COMPANY.

Supreme Court of Alabama.

October 18, 1962.


Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., and Herbert I. Burson, Jr., Asst. Atty. Gen., for appellant.

Rushton, Stakely & Johnston, Montgomery, Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, and Morgan S. Cantey, West Point, Ga., for appellee.


LAWSON, Justice.

The question in this case is whether a domestic corporation, in computing its net income for state income tax purposes, is authorized by the provisions of § 402(6), Title 51, Code 1940, to deduct dividends received from a foreign subsidiary corporation of which it owns as much as fifty per cent of the capital stock, which subsidiary did no business in Alabama nor paid any income tax to the State of Alabama.

The trial court answered the...

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