Stratford v. Franklin Paper Mills Co.

Citations

• 257 Pa. 163
• 101 A. 349
• 1917 Pa. LEXIS 701

Syllabus

<p>Taxation — State tax on corporations — Settlement—Collateral attack — Jurisdiction—Insolvent corporations — Act of July 22, 1918, P. L. 908.</p> <p>1. When in any given case the taxing authorities have general power to tax the subject-matter involved, an assessment made in manner and form authorized by law cannot be attacked collaterally.</p> <p>2. Settlement of a state tax on the capital stock of a corporation, under the Acts of June 1, 1889, P. L. 420; June 7, 1911, P. L. 673, and July 22, 1913, P. L. 903, involves findings of fact by duly authorized officials vested with appropriate powers, and no other tribunal unless one duly authorized has the right to inquire into or, set aside such findings.</p> <p>3. At the audit of the account of the receiver of an insolvent corporation it appeared that the Commonwealth presented claims for certain taxes on capital stock and corporate loans, upon accounts duly settled by the proper authorities for want of the annual reports. required by law; the auditor, instead of accepting the settlements, took testimony and concluded that the State was not entitled to the taxes claimed, and the court made a decree accordingly. Held, that the court was without jurisdiction to entertain the question.</p> <p>.4. The fact that the corporation was insolvent and in the hands of a receiver did not limit, restrict or affect the right of the State taxing officers to assess the tax.</p>