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ON MOTION FOR REHEARING. In a motion for a rehearing plaintiff insists the opinion herein is at variance with the holding in Union Steam PumpSales Co. v. Secretary of State,216 Mich. 261 . We do not think so. We stated that the tax is "but a privilege tax imposed as an incident to the right to be a corporation, and exercise corporate functions by means of paid-up capital and surplus." To exercise corporate functions there must exist the right to be a corporation and as an incidence of the right of exercise of the corporate functions the tax is imposed. This is not upon the right to be a corporation but upon the activities of the corporation in the exercise of its corporate functions.The motion is denied.
Document Info
Docket Number: Docket No. 65.
Citation Numbers: 205 N.W. 102, 232 Mich. 574
Judges: PER CURIAM.
Filed Date: 10/1/1925
Precedential Status: Precedential
Modified Date: 1/12/2023