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Abstract

Plaintiff, its period of corporate existence expiring in May, 1929, proceeded to extend its life, as provided by law, for another 30 years. The general corporation statute required a corporation, upon filing its annual report, to pay a privilege fee for exercising its franchises. It provided, however, that if the corporation was organized in the instant year between January 1 and August 31, it need pay only a filing fee and a privilege fee of ten dollars. By amendment in 1929, it was declared that a corporation seeking extension of corporate existence "should be regarded as a new corporation for the payment of fees required by this act, and shall be required to pay such fees before the extension or renewal of such corporate existence." The plaintiff claimed that it should be treated as a new corporation and liable only for fees as such; while the board contended plaintiff should pay the annual privilege fee and the franchise fee for extension of corporate life. Held, corporation extending existence must pay the franchise fee and an annual privilege fee. Cobbs & Mitchell v. Corp. Tax Appeal Board (Mich. 1930) 233 N.W. 386.

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