101 Iowa 170 | Iowa | 1897
-The assessor of the city of Des Moines assessed the Iowa Pipe and Tile Company in the sum of ten thousand dollars for capital employed in manufacture. The company appeared before the Board of Equalization and asked that said assessment be canceled. This request was refused, and the company appealed to the district court. The district court [found that the petitioner and appellant was liable to assessment in the sum of one thousand and fifty dollars, and no more, and ordered that the original assessment be reduced to that amount. The Board of Equalization appeals.
Appellant contends that the property should have been assessed under the preceding section, which provides that “any person owning, or having in his possession, or under his control, within this state, with authority to sell the same, any personal property purchased with a view of its being sold at a profit, * * * shall be held to be a merchant for the purposes of this title; such property shall be listed for taxation, and in estimating the value thereof, the merchant shall take the average value of such property in his possession or under his control during the year next previous to the time of assessing. * * *” The sole and only question to be determined is whether the appellee is a “merchant” or a “manufacturer,” as the terms are used in the statutes just quoted. The point is so narrow that argument or illustration is of little or no value, and we content ourselves' by saying that we think the case falls squarely within the terms of section 816 of the Code, and that appellee is a manufacturer and not a merchant. It cannot be taxed under both classifications. It is one or the other for the purposes of taxation, and we are of the opinion that it is a manufacturer.