195 Mass. 528 | Mass. | 1907
This is a petition under the St. 1903, c. 437, § 84, for relief from the exaction of a tax on the petitioner, a domestic corporation. The petitioner’s first contention is that there should be an additional deduction under § 72 of this statute, on account of the “ property situated in another state or country and subject to taxation therein.” The value of all tangible property in other States has already been deducted; but the contention is that a part of the value of the -corporate franchise is property situated in another State, within the meaning of the
The other contention of the petitioner is that, under § 74 of the same chapter, the amount twenty per cent in excess of the value, as found by the tax commissioner, of the real estate, machinery and merchandise, and of securities which, if owned by a natural person resident in this Commonwealth would be liable to taxation, diminished by the deductions called for in § 72, on which amount a computation is to be made to determine the maximum tax, includes only the real estate, machinery and merchandise in this Commonwealth, and not all the real estate, machinery and merchandise of the corporation, wherever it is situated. This contention would require us to read into the section a provision that is not found there. We see no good reason for changing the statement of the statute.
The subject to which this section relates is quite different from
Petition dismissed.