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“Doing businu s8": Flint ». Stone-Tracy Co., 220 U. S. 107 (T. D. 1687); Zonne v. Minneapolis Syndicate, 220 U. S. 187; McCoach v. Minehill Ry. Co., 228 U. S. 295 (T. D. 1817); Stratton's Independcnce 2. Howbert, 231 U. S. 399 (T. D. 1913); United States v. Emery, 237 U. S. 28 (T. D. 2188); Von Baumbach v. Sargent Land Co., 212 U. S. 503 (T. D. 2436).
Deductions in determining net income: Anderson v. Forty-two Broadway Co., 239 U. S. 69 (T. D. 2261); McCoach v. Insurance Co. of N. America, 244 U. S. 585 (T. D. 2501 ); Doyle v. Mitchell Bros. Co., 247 U. S. 179 (T. D. 2723); Goldfield Consol. Mines Co. v. Scott, 247 U. S. 126 (T. Þ. 2722).
Depreciation: Stratton's Independence v. IIowbert, 231 U. S. 399 (T. D. 1913); Von Baumbach v. Sargent Land Co., 242 U. S. 503 (T. D, 2436); United States v. Biwabik Mining Co., 247 U. S. 116 (T. D. 2721); Doyle v. Mitchell Bros. Co., 247 U. S. 179 (T. D. 2723).
What is “income": Stratton's Independence v. Howbert, 231 U. S. 399 (T. D. 1913); Von Baumbach v. Sargent Land Co., 242 U. S. 503 (T. D. 2436); Doyle r. Mitchell Bros. Co., 247 U. S. 179 (T. D. 2723); United States 2. Cleveland, etc., Ry. Co., 247 U. S. 195 (T. D. 2725); Hays v. Gauley Mountain Coal Co., 217 U. S. 189 (T. D. 2721); Altheimer & Rawlings Investment Co. v. Allen, 248 U. S. 578 (T. D. 2686).
Vassachusetts real estate trust not within Act: Eliot v. Freeman, 220 U. S. 178.
UNITED STATES SUPREME COURT DECISIONS UNDER ACT OF OCTOBER
Constitutionality of act: Brushaber v. Union Pacific R. R. Co., 240 U. S. 1 (T. D. 2290); Stanton v. Baltic Mining Co., 240 U. S. 103 (T. D. 2303); Tyee Realty Co. v. Anderson, 240 U. S. 115 (T. D. 2300); Dodge 1. Osborn, 240' U. S. 118 (T. D. 2301); (Recovery of tax under R. S., secs. 3220, 3226, 3227); Dodge 1. Brady, 240 U. S. 122 (T. D. 2302); Peck & Co. v. Lowe, 247 U. S. 165 (T. D. 2726).
Joint-stock association: Massachusetts real estate trust held not to be joint-stock association.—Crocker v. Malley, 249 U. S. 223 (T. D. 2816).
Property of nonresident alien owned in United States: De Ganay 9. Lederer, June 1, 1919 (T. D. 2876).
What is “income”: Alimony paid to a divorced wife under a decree of court held not “income.”—Gould v. Gould, 245 U. S. 151.
Stock dividend representing surplus profits earned prior to January 1, 1913, not taxable to shareholders as income.--Towne v. Eisner, 2-15 U. S. 418 (T. D. 2634).
Net income of a corporation derived from exporting goods from the States and selling them abroad is subject to be taxed as part of the “ entire net income arising or accruing from all suorces.”—Peck & Co. v. Lowe, 247 U. S. 165 (T. D. 2726).
Increase in value of timberlands prior to March 1, 1913, when distributed to shareholders on liquidation of corporation, held not " income.”-Lynch v. Turrish, 217 U. S. 291 (T. D. 2729).
Accumulations accruing to corporation through surplus carnings or appreciation in property value prior to March 1, 1913, are capital and not income.-Southern Pacific Co. v. Lowe, 247 U. S. 330 (T. D. 2730).
Dividends of a corporation paid to shareholders after March 1, 1913, whether from current earnings or from surplus accumulated before that date, held taxable to shareholders as income under the “ surtax” provision. (Lynch v. Turrish, 247 U. S. 221 and Southern Pac. Co. v. Lowe, 247 U. S. 330, distinguished.)-Lynch v. Hornby, 247 U. S. 339 (T. D. 2731).
A dividend by a corporation of shares owned by it in another corporation is not a stock dividend and is subject to tax like an equivalent distribution of money. (Towne v. Eisner, 245 U. S. 418, distinguished; Lynch v. Hornby, 247 U. S. 339, affirmed.)—Peabody v. Eisner, 247 U. S. 347 (T. D. 2732).
Dividends, by subsidiaries to a company holding all their stock and controlling them in conducting a single enterprise, out of earnings accumulated prior to January 1, 1913, are not taxable as income.-Gulf Oil Corp. v. Lewellyn, 248 U. S: 71 (T. D. 2783).
INTERNAL REVENUE LEGISLATION.
The Revised Statutes were compiled under an act of June 27, 1866 (14 Stat., 74).
A list of acts respecting internal-revenue duties, from the first act (act of March 3, 1791) to April 28, 1928, is published in United States Statutes at Large, Volume 1. ACTS OF CONGRESS RELATING TO INTERNAL REVENUE ENACTED SINCE
JULY 4, 1861,' AND BEFORE DECEMBER, 1873. [Not including private acts, nor appropriation acts passed prior to the enact
ment of the Revised Statutes, June 22, 1874.) REVISED STATUTES, TITLE XXXT, SECTIONS 3110_346.5. No reference can be had to the original statutes to control the construction of
any section of the Revised Statutes when its meaning is plain, but where there is a substantial doubt as to the meaning of the language used in the revision the old law is a valuable source of information. (United States
v. Bowen, 100 U. S., 508, 513; United States 1. Lacher, 134 C. S., 624.) In construing any part of the Revised Statutes it is admissible and often neces.
sary to recur to its connection in the act of which it was originally a part.
(United States v. Hirsch, 100 U. S., 35.) In case of ambiguous language in the Revised Statutes or uncertainty as to the
true construction to be given to the words of any section, previous acts on the same subject may be referred to and examined for light on the object and intent of Congress as shown by the course of legislation, in the same manner as statutes in pari materia relating to the same subject may always be taken, compared, and construed together. (Wright v. United States, 15 Ct. Cls., 87. See also United States 1°. (laflin, 97 L. S., 546, and opinion of First Comptroller Porter in Kansas claim for 5 per cent net proceeds of
public lands, 1 Lawrence Dec., 43.) No inference or presumption of a legislative construction is to be drawn by
reason of the title under which any particular section is placed. (Sec. 5600, R. S.) An act to provide increased rerenue from imports, to pay interest on the public debt, and for other purposes, approved August 5, 1861 (12 Stat., 292.) See act June 7, 1862 (12 Stat., 422).
Direct tax and income. The act of March 2, 1891 (26 Stat., 822), au
thorized the return to the States of the direct tax collected. An act to provide internal revenue to support the Government and to pay interest on the public debt, approved July 1, 1862 (12 Stat., 432).
Office of Internal Revenue created.
Income tax.-Under this act the tax was 3 per cent on incomes over $600 and not over $10,000; over $10,000, 5 per cent. Act of March 3, 1865, over $600 and not over $5,000, 5 per cent; over $5,000, 10 per cent on excess over $5,000. Act of March 2, 1867, over $1,000, 5 per cent. Act of July 14, 1870, over $2.000, 21 per cent. Income tax expired by limitation December 31, 1871. No income tax was collected under the act of June 30, 1864, as it was amended by the act of March 3, 1865, before it was collectible.
Imposed tax on cotton.
1 On this date Congress convened in its first (extraordinary) session after the commencement of the War of the Rebellion, at which session was commenced the legislation which has since produced the present system of internal revenue taxation.
An act increasing temporarily the duties on imports, and for other purposes, approved July 14, 1862 (12 Stat., 543, 560).
Sections 24 and 25 relate to internal revenue.
Joint resolution to amend section 77 of “ An act to provide internal revenue to support the Government and to pay interest on the public debt," and for other purposes, approved July 17, 1862 (12 Stat., 627.)
An act to amend an act entitled “ An act to provide internal revenue to support the Government and to pay interest on the public debt," approved July 1, 1862. Approved December 25, 1862 (12 Stat., 632).
An act to provide ways and means for the support of the Government, approved March 3, 1863 (12 Stat., 709).
Section 7, bank circulation, An act to amend an act entitled “ An act to provide internal revenue to support the Government and to pay interest on the public debt," approved July 1, 1862, and for other purposes. Approved March 3, 1863 (12 Stat., 713).
An act to prevent and punish frauds upon the revenue, to provide for the more certain and speedy collection of claims in favor of the United States, and for other purposes, approved March 3, 1863 (12 Stat., 737).
Joint resolution to provide for the printing annually of the report of the Commissioner of Internal Revenue, approved January 13, 1861 (13 Stat., 400).
An act to increase the internal revenue, and for other purposes, approved March 7, 186+ (13 Stat., 14).
An act to provide internal revenue to support the Government, to pay interest on the public debt, and for other purposes, approved June 30, 1864 (13 Stat., 223).
Inspection stamps required on cigars. No money value. Joint resolution imposing a special income duty [for the year ending December 31 next preceding October 1, 1864], approved July 4, 1861 (13 Stat., 417).
An act to amend an act entitled “ An act to provide internal revenue to support the Government, to pay interest on the public debt, and for other purposes," approved June 30, 1864. Approved December 22, 1861 (13 Stat., 420).
An act to amend an act entitled " An act to provide internal revenue to support the Government, to pay interest on the public debt, and for other purposes," approved June 30, 1864. Approved March 3, 1865 (13 Stat., 469).
Inspection stamps required on tobacco and snuff. Vo money value. In act amendatory of certain acts imposing duties upon foreign importations, approved March 3, 1865 (13 Stat., 491).
Ân act authorizing the Secretary of the Treasury to appoint assistant assessors of internal revenue, approved January 15, 1866 (14 Stat., 2).