Commonwealth v. Dilworth, Porter & Co.

Citations

• 242 Pa. 194
• 88 A. 933
• 1913 Pa. LEXIS 862

Syllabus

<p>Taxation — Limited partnership — Manufacturing companies— Property exclusively engaged in manufacturing — Act of June 2, 1898, P. L. 85k.</p> <p>In the trial of an action of assumpsit to recover taxes alleged to be due by defendant limited partnership to the Commonwealth, upon balances shown on annual reports made to the auditor general as being capital not exclusively engaged in-manufacturing, it appeared that the defendant was organized for the purpose of carrying on a manufacturing business; that the members of the limited partnership owned a controlling interest in a corporation engaged in a grocery business; that the balances in question had been deposited with the grocery company, and that the cash so deposited could be drawn out at any time by check. It was averred, and admitted on the record, that the working capital of the defendant, including such deposits, was no larger than was necessary and proper and regarded as prudent to keep on hand for the business of the defendant limited partnership. Held, that judgment should have been entered for the defendant.</p>