Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 139

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 139

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...on Taxation, section 426. The similarity of taxation is incidental merely. The purposes sought by the legislature are different, and intended to meet different transactions. Knoxville v. Sanford, 13 Lea, 545; Cigar Co. v. Cooper, 15 Pickle (99 Tenn.), 472, 42 S. W., 687. It-is next insisted that it was not intended by the legislature that section 8 should apply to the transfer and sale of the entire properties of a railroad company, but that it was intended to and did apply only to the transfer of land or interest in land in the ordinary acceptation of the term. This contention is based upon the idea that a railroad is a highway, and as such is an entirety, and all of the properties which it owns are incidental merely to its functions as a highway, This is true as a general proposition, but it cannot be denied that the legislature has the power to tax the transfer of its real estate separate from its use in the discharge of its functions as a highway, that the legislature has levied a tax upon "all transfers of realty," and that the language employed would include transfers of realty belonging to a railroad company would seem to bemtoo clear to admit of argument. There is nothing left for us to do but to give effect to the words employed by the legislature. It is next insisted that the legislature did not intend or undertake to consider property as one class for the levying of ad oalorem taxes and another class of property for levying privilege taxes. But, as stated above, the legislature beyond doubt has power to so consider it, and we think clearly that it has done so. The fact that the legislature had divided the property of railroads into localized and distributable properties for the purpose of levying ad valorem more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • United States
  • English
  • black & white illustrations
  • 1236798716
  • 9781236798718