upon the undertaking heretofore filed as required by law, and upon the notice of this application duly served on the State Tax Commission of the State of New York, and with proof of due service thereof with copy of the petition and exhibits annexed. for the State Tax Commission) (or no one appearing) in opposition thereto, and on motion of ..... attorney for the petitioner, it is ORDERED, that a writ of certiorari, as prayed for in said petition, be issued, directed to the above-named members of the State Tax Commission of the State of New York, to review the decision and determination of the said Commission mentioned and described in the petition, and the questions involving the merits therein mentioned, both upon the law and the facts, which writ shall be returnable within twenty days after the service thereof upon the chairman of said Commission, at the office of the clerk of Albany County. Enter, .Justice. (Endorsed): Sir: You will please take notice that an order of which the within is a copy, was this day duly entered in the office of the clerk of this court, at his office in the county of Dated, To Hon. 191... Yours, etc., Attorney for Relator. Constituting the State Tax Commission of the State of New York. Writ of Certiorari. (Same title as in previous form.) WHEREAS, we have been informed by the verified petition of........ day of 191.., that certain proceedings have been had before the State Tax Commission of the State of New York, upon the application of the said Company to revise and readjust an account theretofore audited and stated by the said Commission for taxes to be paid by the said Company, under section 209 of the Tax Law, the petition upon which the said application was made being verified .... 191.., and a hearing upon such application having been had on the day of ..., 191.., and the said Commission having thereafter made its determination and sent written notice of its determination upon such application to the applicant, the petitioner herein, denying the application and declining to make any revision or readjustment of the said account, and the said .... .... Company having now made application to this court for a writ of certiorari to review the said decision and determination of the said Commission; And we being willing for certain purposes to be certified of such proceedings, if any such were had, do hereby command and strictly enjoin and constituting the members of the State Tax Commission of the State of New York, that the said Commission certify and return all and singular the evidence before it on such application, and all the papers and proofs upon the original statement of such account and all proceedings thereon, and all its decisions and actions in the premises, with all the evidence, documents, reports, records and papers relating thereto in its possession or under its control, submitted to or considered by it, concerning the said account and the grounds of its refusal to revise and readjust the same, as prayed for in the petition, within twenty days after the service upon the chairman of said Commission of this writ, at the office of the clerk of Albany County, under his proper hand, pursuant to the provisions of the Tax Law and the provisions of Title II of Chapter 16 of the Code of Civil Procedure, so that our Supreme Court may further cause to be done thereon what of right and according to law ought to be done, and let the defendants have then and there this writ. tofore applied to the State Tax Commission of the State of New York to revise and readjust the account heretofore audited and stated by the said Commission, imposing a tax against the said Company for the year under (sec. 209) of the Tax Law, and the said Commission having denied said application; and WHEREAS, said Company, feeling aggrieved thereby, is about to apply to the Supreme Court of the State of New York for a writ of certiorari, under the Tax Law, Chapter 60, of the Consolidated Laws, to review the action of the said Commission. Now, THEREFORE, the Surety Company, a corpora tion duly organized under the laws of the State of to execute surety bonds, having an office at city of does hereby undertake that if the said writ of certiorari, which may be granted upon the application of the said Company to review the said determination, be dismissed, or the determination of the said Commission be confirmed, the said Company will pay all costs and charges which may accrue against it in the prosecution of the said writ, including the costs of all appeals, not exceeding the sum of five hundred dollars. Dated, etc., Form of acknowledgment by officer of surety company in usual form for taking corporate acknowledgments. (The above bond may also be given by two individuals, each qualifying for twice the amount of the bond, with affidavit and acknowledgment annexed in each case.) To the Supreme Court of the State of New York: and constitut ing the members of the State Tax Commission of the State of New York, to the writ of certiorari directed to the said Commission, issued out of this court 191.., directed, a copy of which is hereto annexed, respectfully shows to this court: By virtue of and in obedience to the said writ of certiorari, we do hereby certify and return to the Supreme Court all and singular the evidence before said Commission on such application, all the papers and proofs upon the original statement of such account and all the proceedings therein, documents, reports, records and papers relating thereto in its possession or under its control, submitted to or considered by said Commission concerning the said account as prayed for in the petition herein, to wit: The corporate franchise tax report based on net income of the Company for the calendar year ending December 31, 191.. [or the fiscal year reported to the United States Treasury Department]. The bill of the Commission to the relator for its franchise tax for the said year; 191..; The petition of relator for a revision, dated Notice to the Commission of the payment of the tax as fixed under protest and duress by the present of said company, dated... 191..; The determination of the Commission, dated 191..; Petition and notice of motion for an order for writ of certiorari, dated 191.., and writ; Order allowing the writ of certiorari, dated and writ also dated 191.., 191.., together with notice of entry in the office of the clerk of Albany County on the ... ... day of 191.., all other papers used on the hearing or considered by the Commission in this proceeding and undertaking on appeal heretofore filed. In witness whereof, I have hereunto set my hand and seal this day of 191... Chairman of the State Tax Commission of the State of New York. FORM 3IT CORPORATION INCOME TAX (9-a) FILE WITH STATE TAX DEPARTMENT, ALBANY, N. Y. TAXATION OF CORPORATE FRANCHISES UNDER ARTICLE 9-a OF THE TAX LAW FOR THE TAX YEAR BEGINNING NOVEMBER 1, 1919 THIS REPORT IS DUE JULY 1, 1919, or within thirty days after filing report with the United States Treasury Department As..... ..... ....of the.. Company. I make the following report of such company for the year ending. ..191... pursuant to Article 9-a of the Tax Law. (Date inserted above must be the same as given in answer to (7) below.) (1) Organized... 19..., under the Laws of..... (2) Began business in New York.... 19.... (3) If not incorporated under laws of New York, has it been authorized to do business in New York State?.... (4) Authorized capital stock, $... $ (5) Issued capital stock, (If organized with shares without par value, insert the amount of paid-in capital.) (6) Amount of average indebtedness for year, $. (7) ENTIRE NET INCOME FOR THE YEAR ENDING.. 191..., as shown by its report to UNITED STATES TREASURY DEPARTMENT, before any deduction for excess profit or normal income tax has been made, ... NOTE: The date used must be that of the last period ending on or before June 30, 1919, for which a report was made to the Federal government. (8) If a corporation is not organized under the laws of any state within the United States it should return its entire net income, wherever earned. $.... (9) If the amount reported above is inaccurate, state the amount claimed to be correct, $..... (10) Nature of business and how transacted. (11) Place, street and number where such business is conducted. |