THE CAIRO WATER COMPANY, a corporation, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant paid an increased franchise tax based on a mutual mistake of fact regarding whether a charter amendment increased capital stock. The court awarded $200.00 as a refund for the overpayment.

Claim type: Tax Refund

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

FRANCHISE TAX-PAYMENT MADE UNDER MUTUAL MISTAKE OF FACT-when

no contention on the part of the Attorney General or the

FRANCHISE TAX-PAYMENT MADE UNDER MUTUAL MISTAKE OF FACT-when award will be made. Where corporation files an amendment to its charter, providing for exchange of its capital stock, which amendment was through mistake construed by Secretary of State as an increase of capital stock and claimant pays increased assessment, an award may be made upon the ground that payment was result of mutual mistake of fact.

Per Curiam: It appears that claimant filed a certificate of amendment in the Secretary of State's office which certificate was construed by the Secretary of State to be an increase of the capitalization of claimant and claimant asserts that this amendment did not increase the capitalization but merely provided for an exchange of the capital stock. Claimant paid increased assessment for two years which claimant asserts is $100.00 per year more than should be collected. There is no contention on the part of the Attorney General or the Secretary of State that such collection was not made on account of error. It would appear to this court that this case grows out of a mutual mistake of facts and in view of all the facts and circumstances disclosed in the record the court recommends that the claimant be allowed the sum of Two Hundred ($200.00) Dollars.