HERCULES v. COMPTROLLER

No. 122, Sept. Term, 1997.

716 A.2d 276 (1998)

351 Md. 101

HERCULES INCORPORATED v. COMPTROLLER of the TREASURY.

Court of Appeals of Maryland.

September 1, 1998.


Attorney(s) appearing for the Case

Stuart Levine (Eric M. Newman, on brief), Baltimore, Paul H. Frankel (Morrison & Foerster, L.L.P., on brief), New York City, for petitioner.

Gerald Langbaum, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen.; John K. Barry, Asst. Atty. Gen., on brief), Annapolis, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.


RODOWSKY, Judge.

The question in this case is whether the Due Process Clause of the Constitution of the United States permits Maryland to tax a portion of a capital gain that the petitioner, Hercules Incorporated (Hercules), realized in 1987 on the sale of its 37.5% stock interest in HIMONT Incorporated (HIMONT), a corporation created in 1983 when Hercules restructured part of its business. The Maryland Tax Court, the Circuit Court for Baltimore City, and the Court...

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