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The commissioner directs that, whenever persons liable to assessment of income tax shall neglect or refuse to make the lists required by law, or when the lists made and tendered by such persons shall not be accepted by the assessor or assistant assessors as just and proper, it shall be the duty of such assessor or assistant assessor to make lists for such persons, according to the best information he can obtain. Persons so assessed may make oath or affirmation as to the amount of revenue and deduction therefrom, agreeably to section 93.
For the forms of affidavit to be made on the return, see Appendix, p. 322.
PROCEEDINGS ON DEFAULT IN PAYMENT.
The unpaid duties, with interest, penalties and costs, are a lien in favor of the United States upon all the property, stocks, securities and debts of every description from which the taxable income may have or should have accrued.
In default of the payment of the duty for thirty days after it becomes due and is demanded, the lien must be enforced by distraint upon the property subject to income duty, by whomsoever holden; and for this purpose, the commissioner of internal revenue, upon the certificate of the collector or deputy collector that the duty is unpaid for ten days after due notice of the levy, issues a warrant, by virtue of which a further sum, stated in the warrant, may be levied, sufficient for the fees and expenses of the levy.
In cases of sale, the collector's or deputy's certificate of sale gives the purchaser title to the property, whether real or per6onal. Where the subject of sale is stocks, the certificate of sale is declared lawful authority, and notice to the corporation to record the same on their books or records, in the same manner as if transferred or assigned by the party holding the same, and to issue new certificates of stock therefor in lieu of the prior certificate, which is void, whether canceled or not. Where the subject of sale is securities, or other evidences of debt, the collector's or deputy's certificate is a valid receipt to the person holding the same, as against any person holding the securities and other evidences of debt. (8 92.)
CHAPTER 1. INSTRUMENTS, PAPERS, ETC.
2. Supply of stamps.
Stamps for particular instruments.
Stamps, how and by whom affixed. 6. Penalties for not using stamps. 6. Canceling stamps. 7. Counterfeiting stamps. 8. Commissioner to stamp instruments exempt from
duty. CHAPTER II. INSTRUMENTS REQUIRING STAMPS Enu
MERATED. CHAPTER III. PROPRIETARY ARTICLES, MEDICINES, &c. ARTICLE 1. In general.
2. Rate of duty. [The sections relating to stamp-duty have undergone some important changes, which will appear in this chapter. Numberless questions must necessarily arise, under these sections, which will require judicial determination. We have not attempted to incorporate here any extended citation of English or American decisions, but have confined ourselves to a simple statement of the law, and have volunteered explanations only where obviously required. The only work on the subject of the stamp laws, the validity of instruments affected by them, &c., is the treatise of Charles Edwards, Esq., published by Mr. John S. Voorhies, of New York. Such a work is an indispensable part of every lawyer's library.]
INSTRUMENTS, PAPERS, ETC.
ARTICLE 1.-IN GENERAL-THE ACT TAKES EFFECT.
On and after October 1, 1862, certain instruments, hereafter enumerated, require to be stamped, without which they are declared invalid and of no effect. (S$ 94, 95.)
- "An act increasing temporarily the duties on imports, r other purposes," approved July 14, 1862, section 95 > amended that an instrument issued, unstamped, before try 1, 1863, was not thereby rendered invalid ; provided, er, that no such instrument could be used as evidence in until stamped, and until the holder thereof had proved conrt that he bad paid to the collector or deputy colof the district the sum of five dollars. (U. S. Stat. at L. ,561, $ 24.) This section of the act of July 14 is repealed a amendatory act of December 25, 1862, which enacts that strument issued, without stamp, before March 1, 1863, is or that reason, invalid and of no effect; provided, how
that no instrument requiring a stamp, or any copy thereof, shall be used as evidence in court, until stamped, and the stamp properly erased. And the person desiring 10 uso any instrument as evidence, or his agent or attorney, may affix the stamp in the presence of the court. (Act of Dec. 25, '62, 8 5, p. 299.) Congress, in reordering unstamped documents valid, issued prior to January 1, 1863, only contemplated affording necessary relief to such as were unable to procure stamps ; and did not contemplate doing away with penalties for their omission. If an unstamped instrument (which, if issued before January 1, 1863, is rendered valid by the act of July 14) should be needed in court as evidence, the party using it would be subjected to an expense of $5 in addition to the cost of the stamp required upon the instrument. (Com'r Boutw., N. Y. Trans., Oct. 28, '62.)
By the act of March 3, 1863, the time when instruments are to be deemed invalid, unless stamped, is extended from March 1 to June 1, 1863. (8 16, p. 286, infra.)
ARTICLE 2.--SUPPLY OF STAMPS-SPOILED STAMPS.
The commissioner of internal revenue is authorized to supply collectors, deputy collectors, postmasters, stationers, or any other persons, at his discretion, with adhesive stamps or stamped paper, upon the payment, at the time of delivery, of the amount of duties said stamps or stamped paper represent, and may allow five per cent as discount to the collectors, postmasters, stationers, or other purchasers; provided that no commission shall be allowed on any sum or sums so sold or supplied less than $50. (8 102.)
The following commission will be allowed :
One purchase of $50 or more ....
2 per cent. One purchase of $100 or more ...
3 per cent. One purchase of $500 or more ..
4 per cent. One purchase of $1,000 or more .............. 5 per cent.
The commissioner may, from time to time, make regulations for the allowance of such stamps as may have been spoiled or rendered useless or unfit for the purpose intended, or for which the owner may have no use, or which, through mistake, may have been improperly or unnecessarily used, or where the rates or duties represented thereby bave been paid in error or remitted, and such allowance may be made either by giving other stamps in lieu of the stamps so allowed for, or by repaying the amount or value, after deducting therefrom, in case of repayment, the sum of five per cent to the owner thereof ($ 102). See Appendix V., p. 309.
ARTICLE 3.–StamPS FOR PARTICULAR INSTRUMENTS.
By sections 96 and 97 it is provided that stamps for particular instruments are not to be used for any other, and, if so used, are of no avail.
These sections are, however, modified by the amendatory act of December 25, which enacts—.
That no instrument, &c., required to be stamped, shall be deemed invalid and of no effect for the want of the particular kind or description of stamp designated for and denoting the duty charged on any such instrument, provided a legal stamp, or stamps, denoting a duty of equal amount, shall have been duly affixed and used thereon ; provided, that the provisions of this section shall not apply to any stamp appropriated to denote the duty charged on proprietary articles. (Act of Dec. 25, '62, § 3, p. 299.)
Thus, insurance stamps can be used on a certificate of stock, or note stamps on a mortgage.
ARTICLE 4.-STAMPS-HOW AND BY Whom AFFIXED.
The person who makes, signs, and issues the instrument, is the only person who is authorized to affix the stamp required by the law; and the person who makes, signs, and issues, &c., without affixing the stamp, incurs the penalty, and is liable to prosecution, therefor, and the instrument is invalid in consequence of such neglect. (Decis. No. 34.)
The commissioner decides that, when the maker of a document neglects to put on the required stamp, it will not do for the party receiving the same to affix the stamp, and cancel it, but it must be returned to the maker for him to do it. (Com'r Boutw., N. Y. Trans., Oct. 31, '62.)
Whenever an instrument is executed by several parties acting jointly, one stamp only is required, which may be affixed and canceled by either of the parties. (Id., N. Y. Ïrib., Jan. 7, '63.)
In stamping instruments requiring stamps, two or more of a smaller denomination may be used in numbers sufficient to amount to the sum of the stamp required. (Id., Decis. No. 30.)
All papers, except bills of exchange, made and issued in foreign countries, which are to have effect in the United States, and which, if made and issued in the United States, would require a stamp, must be stamped, and the stamp canceled by the maker at the time and place of issue.
This practice conforms to the English system in that particular. (Com'r Boutw., N. Y. Trans., Jan. 2, '63.)
ARTICLE 5.-PENALTY FOR NOT USING STAMPS. If any person “make, sign, issue, or cause to be made, signed, or issued, any instrument, document, or paper, of any kind," without a stamp, the penalty is $50; and the instrument or paper is to be deemed invalid and of no effect (8 95).' But see statement of amendment of this section in section 1, above.
Bills, notes, &c.—The penalty for making and issuing, or accepting or paying, an unstamped bill of exchange, draft, order, or promissory note, for the payment of money, requiring a stamp, with design to evade the duty, is $200 in each case. ($ 100.)
ARTICLE 6.-CANCELING STAMPS. The person using or affixing the stamp must cancel the same by writing thereon the initials of his name, and the date of affixing it. (8 99.)
The penalty for fraudulently neglecting to cancel and obliterate the stamp is $50 forfeiture. (16.)
An exception is made in the case of stamps on proprietary articles.
See PROPRIETARY ARTICLES, infra.