AMERICAN BOSCH MAGNETO CORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant sought a refund of $154.11 in franchise tax erroneously paid to the Secretary of State. The court awarded the refund after the Attorney General consented and the Secretary of State admitted 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-when claimant entitled to refund. This case is con- OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

FRANCHISE TAX-when claimant entitled to refund. This case is controlled by the decision of the court in Federal Match Corp. v. State, supra. BENJ. F. CASSIDAY, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

This is a claim of American Bosch Magneto Corporation for a refund of $154.11 franchise tax erroneously paid to the [*266] Secretary of State for the period beginning July 1, 1925, and ending June 30, 1926, in excess of the amount legally due under the provisions of the General Corporation Act.

The Attorney General first filed a demurrer on behalf of the State and afterward filed a statement, attached to which is a copy of a letter from the Secretary of State admitting that claimant is entitled to a refund of $154.11, and the Attorney General consents to an award in favor of claimant for that sum.

As the State was overpaid that amount, the demurrer will be overruled and claimant awarded the sum of $154.11.