RAMSAY, SCARLETT & CO. v. COMPTROLLER

No. 102, September Term, 1984.

302 Md. 825 (1985)

490 A.2d 1296

RAMSAY, SCARLETT & CO., INC. v. COMPTROLLER OF THE TREASURY.

Court of Appeals of Maryland.

April 25, 1985.


Attorney(s) appearing for the Case

Paul Grimm, Baltimore (argued) (Neil S. Kurlander, William C. Stifler III and Niles, Barton & Wilmer, Baltimore, on brief), for appellant.

Gerald Langbaum, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen. and John K. Barry, Asst. Atty. Gen., Baltimore, on brief), for appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY, and COUCH, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.


MURPHY, Chief Judge.

This case involves an assessment of additional corporate income tax by the Maryland Comptroller of the Treasury upon Ramsay, Scarlett & Company, Inc. (Ramsay Scarlett), pursuant to the provisions of Maryland Code (1957, 1980 Repl.Vol.), Article 81, § 316(c), which insofar as pertinent reads as follows:

"(c) [Business income] shall be allocated to this State if the trade or business of the corporation is carried on wholly within...

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