Clark Equipment Co. v. Department of Treasury

230 N.W.2d 548, 394 Mich. 396, 1975 Mich. LEXIS 232

Opinions

Levin, J.

The circuit court entered summary judgment in favor of the plaintiff quashing a subpoena issued in August, 1971 by the defendant seeking books and records for the purpose of redetermining corporation franchise fees for the years 1966 and 1967.

The plaintiff’s annual reports for those years were timely filed. The fee, as computed by the Franchise Fee Division, Department of Treasury, was in each instance in excess of the fee computed by the corporation in its report. The deficiencies were paid. The 1966 report was accepted November 9, 1966 and the 1967 report was accepted January 23, 1968.

In Borden, Inc v Department of Treasury, 391 Mich 495; 218 NW2d 667 (1974), an equally divided Court affirmed an opinion of the Court of Appeals (43 Mich App 106; 204 NW2d 34 [1972]) which had held that the Department of Treasury is without power to recompute the franchise fee of a corporation after the annual report and franchise fee have been accepted.

For the reasons set forth in the Borden opinion for affirmance (391 Mich pp 500-510; 218 NW2d pp 668-674), we affirm the judgment of the circuit court quashing the subpoena.¹

Affirmed.

T. G. Kavanagh, C. J., and M. S. Coleman and J. W. Fitzgerald, JJ., concurred with Levin, J.

1 1975 PA 13, approved March 25, 1975 with immediate effect, authorizes audit of a corporation by the Department of Treasury and assessment of a deficiency and provides periods of limitation.