131 Ky. 661 | Ky. Ct. App. | 1909
Opinion of the Court by
Affirming.
This is a proceeding instituted by Proctor K. Willis, as Auditor’s agent, against the Chesapeake & Ohio Railway in Kentucky, in the Greenup oonnty court, to list certain property claimed to be omitted. There was a judgment in the county court a,s prayed in the petition, but on appeal to the circuit court the petition was dismissed. The Commonwealth appeals.
The material facts are these: The Chesapeake & Ohio Railway Company in Kentucky is a corporation formed under section 841, Ky. Stats. The Maysville & Big Sandy Railway Company is a corporation formed under a special act of the Legislature, which leased its road to the Chesapeake & Ohm Railway Company, a Virginia corporation, many years ago.
It is said that the board proceeded upon an erroneous view of the law; but, however it may be, the fact is that the board had all the facts before it, and it did thus assess the franchise tax of the Maysville & Big Sandy Railway Company. The action of the board was necessarily a judgment by them that the franchise of the Maysville & Big Sandy Railway Company was of no value outside of the matters which were included in their assessment. They did not omit-the franchise of the Maysville & Big Sandy Railway Company from assessment; but with all the facts before them they held in substance that there was nothing more to assess. The law looks at the substance, and not at the mere form. All the tangible property of the Maysville & Big Sandy Railway Company was assessed to the Chesapeake & Ohio Railway Company, and the taxes on it were paid. The Mays-ville & Big Sandy Railway Company was simply a
For the same reason we do not see that' it can be said that anything has been omitted from assessment since the consolidation of the subsidiary companies under the name of the Chesapeake & Ohio Railway Company in Kentucky. The Chesapeake & Ohio Railway Company in Kentucky is the property of the Virginia corporation. Every dollar’s worth of tangible property owned by it has been taxed as the tangible property of the Virginia corporation, and every dollar’s worth of intangible property owned by it has been taxed to the Virginia corporation and constitutes a part of the intangible property of the Virginia corporation. To assess the Virginia corporation upon its intangible property, and then to assess the Kentucky corporation upon its intangible property, which was necessarily included in the first assessment, would be simply to assess the same property twice. In the recent case of Commonwealth v. C., St. L. & N. O. R. R. Co., 105 S. W. 127 32 Ky. Law Rep. 10, it was
Judgment affirmed.