Commonwealth v. Filbert Paving & Construction Co.

Citations

• 229 Pa. 231
• 78 A. 104
• 1910 Pa. LEXIS 577

Syllabus

<p>Corporations — Manufacturing companies — Exemption for capital stock tax — Act of June 8, 1898, P. L. 898.</p> <p>1. The holding of a foreign charter does not take a manufacturing corporation out of the class exempted from the payment of capital stock taxes.</p> <p>2. A paving and construction company, incorporated to do a manufacturing business, and engaged in the business of manufacturing cement floors, asphalt floors, pavements, roadways and structural concrete, is primarily engaged in a manufacturing business within the purview of the act of June 8, 1893, and is entitled to exemption from payment of capital stock taxes. If any part of its capital is not so employed the burden is on the commonwealth to show what part and how much of its capital is not so employed in order to fix a valuation for the purposes of taxation.</p> <p>3. While the purpose stated in the charter of a corporation is not conclusive of the nature and character of the business to be transacted, it does primarily indicate the purpose for which the corporation is created, and the burden rests upon those who challenge the primary purpose stated in the certificate of incorporation to show that it is something different.</p>