[DOWNLOAD] "Montana Life Ins. Co. v. Shannon" by Supreme Court of Montana # eBook PDF Kindle ePub Free

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eBook details

• Title: Montana Life Ins. Co. v. Shannon
• Author : Supreme Court of Montana
• Release Date : January 30, 1938
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Submitted April 21, 1938. Taxation — Corporation License Tax — Statute — State not Authorized to Tax Interest-bearing Obligations of Nonresidents — Expressio Unius Est Exclusio Alterius Doctrine — Pleadings — Motion to Strike Portion of Answer — When Denial of Motion Non-prejudicial. Taxation — Power of State to Tax Net Income of Domestic Corporations on Interest-bearing Obligations of Nonresidents. 1. The legislature has power to tax the net income of a domestic life insurance company on bonds, notes and other interest-bearing obligations of nonresidents of the state. Same — Doubt as to Meaning of Taxing Statute to be Resolved in Favor of Taxpayer. 2. Where a taxing statute is susceptible of two constructions and the legislative intent is in doubt, such doubt should be resolved in favor of the taxpayer. Statutory Construction — Rule. 3. In construing a statute, every word, phrase, clause and sentence must be given effect, if possible. Taxation — Statute Held not to Authorize Tax on Interest-bearing Obligations of Nonresidents — Expressio Unius Rule. 4. Held, in an action by a domestic life insurance company to recover a portion of a corporation license tax imposed by section 2296, Revised Codes, and paid under protest, that the section by imposing the tax upon the net income received by plaintiff ""from all sources, including interest on bonds, notes or other interest-bearing obligations of residents, corporate or otherwise"" of the state, under the doctrine of expressio unius est exclusio alterius excluded interest accruing on obligations of nonresidents. Pleading and Practice — Motion to Strike Portion of Answer — When Denial of Motion Non-prejudicial. 5. Irrespective of technical rules of pleading with reference to motions to strike pleadings, where allegations in an answer were wholly immaterial to the issues tendered by the complaint, their striking could not have affected the rights of defendant prejudicially.

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