THE AUTOMATIC RECORDING SAFE COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant overpaid a franchise tax based on an incorrect statement from the Secretary of State, and the court awarded a refund of the excess payment because the overpayment was made without fault of the claimant.
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Headnotes
- FRANCHISE TAX-amount paid in excess of that due-when award for refund may be made. Where claimant inadvertently pays amount of franchise tax, in excess of that it was legally required to pay, without fault on its part, an award for reimbursement of excess may be made.
During the month of May, 1934 claimant received from the Secretary of State a statement for a franchise tax in the amount of $63.40, based upon its capital stock and paid-in surplus of $126,802.00, and thereafter paid the tax claimed to be due as per the statement rendered.
In June, 1934 claimant reduced its capital stock $25,000.00, and on June 22nd, 1934 received a corrected statement of the amount of the franchise tax due from it on its stated capital and paid-in surplus as thus reduced, to-wit, a tax of $50.90.
Thereafter claimant filed its claim herein to recover the amount overpaid by it as aforesaid, to-wit, $12.50.
It appears that the excess payment was made pursuant to a statement rendered by the Secretary of State; and that the same was made without any fault or neglect on the part of the claimant. Having inadvertently paid more than it was legally required to pay without any fault on its part, claimant should be reimbursed the amount of such excess payment.
Award is therefore hereby entered in favor of the claimant for the sum of Twelve Dollars and Fifty Cents ($12.50).