SAYLES BILTMORE BLEACHERIES, INC. v. JOHNSON

No. 110.

147 S.E.2d 177 (1966)

266 N.C. 692

SAYLES BILTMORE BLEACHERIES, INC. v. William A. JOHNSON, Commissioner of Revenue of the State of North Carolina.

Supreme Court of North Carolina.

March 9, 1966.


Attorney(s) appearing for the Case

Van Winkle, Walton, Buck & Wall and Herbert L. Hyde, Asheville, for plaintiff.

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Peyton B. Abbott for defendant.


WILLIAM B. RODMAN, Emergency Judge.

Plaintiff asserts it is engaged in manufacturing, hence its income tax liability is measured by G.S. § 105-134(6)a. Defendant asserts liability must be determined by the use of the single factor of gross receipts as required by subsection f. If plaintiff is principally engaged in manufacturing, it was not liable for the income tax assessment.

The parties stipulated:

"5. During all of the years 1957, 1958 and...

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