NORANDAL USA, INC. v. STATE DEPT. OF REV.

Civ. 6782.

545 So.2d 792 (1989)

NORANDAL USA, INC. v. STATE DEPARTMENT OF REVENUE.

Court of Civil Appeals of Alabama.

May 10, 1989.


Attorney(s) appearing for the Case

Daniel H. Markstein III and Gregory H. Hawley of Maynard, Cooper, Frierson & Gale, Birmingham, for appellant.

Don Siegelman, Atty. Gen., and B. Frank Loeb, Chief Counsel, and Ron Bowden and Nancy I. Cottle, Asst. Counsel, Dept. of Revenue, and Asst. Attys. Gen., for appellee.


RUSSELL, Judge.

This is a statutory construction case.

The circuit court construed Ala.Code (1975), § 40-14-41(b)(4) (1985 Repl.Vol.), and held that certain open-account advances made to Norandal USA constituted capital so as to be included in the measure of the corporate franchise tax. Norandal appeals. We reverse.

The part of the statute in question concerns the definition of "capital" for franchise tax purposes. That provision is as follows...

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