COM. v. KIRBY ESTATES, INC.


432 Pa. 103 (1968)

Commonwealth, Appellant, v. Kirby Estates, Inc.

Supreme Court of Pennsylvania.

October 3, 1968.


Attorney(s) appearing for the Case

Edward T. Baker, Deputy Attorney General, with him William C. Sennett, Attorney General, for Commonwealth, appellant.

John McI. Smith, with him Nauman, Smith, Shissler & Hall, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE COHEN, October 3, 1968:

This is an appeal by the Commonwealth involving the franchise tax imposed upon Kirby Estates, Inc. for the year 1962.

Kirby Estates, Inc. (taxpayer) is a Delaware corporation organized in 1943 as an investment and holding company. Until 1961 taxpayer engaged solely in the business of investing in stocks and securities, its activities in this respect being carried on wholly outside Pennsylvania. These activities...

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