THE TAX PAYER'S GUIDE; AN ANALYTICAL AND COMPREHENSIVE DIGEST OF THE INTERNAL REVENUE AND EXCISE TAX LAWS BEING A CONCISE COMPILATION OF ACTS OF CONGRESS WITH THE DECISIONS OF THE COMMISSIONER OF INTERNAL REVENUE THE WHOLE ARRANGED ALPHABETICALLY, FOR EASY BY THOMPSON WESTCOTT, OF THE PHILADELPHIA BAR. PHILADELPHIA: A. WINCH, 505 Chestnut Street. Econ. 5690.22,15 RARVARD COLLEGE LIBRARY GRADUATE SCHOOL OF BUSINESS ADMINISTRATION 1934 MEMORANDUM. The Acts of Congress which establish a system of internal taxation and revenue, were passed as follows: The original act, July 1, 1862. In this work, where the reference is merely to Sections, the original act is intended. References to the amendments and intermediate acts are specially marked. The intention of this compilation is to present a summary of the state of the law as modified by amendments, and as the same is now in force. The decisions as expositions of the Commissioner of Internal Revenue have the force of laws, until modified or overruled by the judgment of courts of competent jurisdiction. The digest of these is full up to the time of publication. The tax system is divided into three great divisions :— 1st. That which places an excise upon manufactured articles, and duties upon incomes and sources of income. To these may be added taxes upon carriages, yachts, billiard-tables, and plate of silver and gold. 2d. The provision that persons in business of various kinds shall pay certain sums for licenses to prosecute their callings, creates in each case a specific duty. 3d. The stamp tax affects the transactions of business by imposing duties upon the writings and papers which are the evidences of executed and executory contracts. It will therefore be seen that each citizen may be compelled to pay tax upon the articles which he manufactures, as well as for a license to prosecute his business of manufacturing, and that he may also incur stamp duties upon the papers and writings necessary to carry on his affairs properly. For that reason this compilation has been divided into three principal heads, viz., "Excise Tax," "License Duties," and "Stamp Tax." Reference can therefore be made easily to each division as occasion arises. Philadelphia, April 5, 1863. Entered, according to Act of Congress, in the year 1863, by A. WINCH, in the Clerk's Office of the District Court of the United States, in and for the Eastern District of Pennsylvania. EXCISE TAX. ABSENTEES.-Property of persons in a district who do not reside therein, may be viewed and valued by assessors, whose lists shall be good and sufficient. Sec. 12. It may be taken into custody by collectors, and advertised and sold under the general regulations for sale of goods of delinquents. Sec. 22. Any surplus over the taxes is to be paid into the United States treasury for the benefit of the owner. Sec. 2. ADMINISTRATORS do not need license for public sales. Sec. 62. Sales by. See "Auctioneers" and "Executors." ADVERTISEMENTS, in newspapers, magazines, reviews, or other literary, scientific, or news publications, the circulation of which exceeds 2000, upon the gross receipts for advertisements over $1000, 3 per cent. Quarterly returns to be made. Penalty for neglect to make such return in 30 days, 5 per cent. additional. Penalty for fraud or evasion, $500. Sec. 88. Where daily, tri-weekly, and weekly papers are published in one office by the same parties, composed principally of the same matter, though the matter in them may differ to some extent, they are to be regarded as one paper, and are liable to taxation, if the combined circulation exceeds 2000 copies. Decision October 1862. Newspapers are entitled to an allowance of $1000 upon the annual receipts, to be taken off the first quarter's return in each year. Decision January 28, 1863. See "Income." AGENT, under the 74th and 75th sections, is a person who is the exclusive agent of a manufacturer, or a person designated by the manufacturer to sell goods on commission. Decision No. 40. See "Assessment," and see this title under general head "Licenses." ALCOHOL, made or manufactured from spirits or materials upon which duties have been already paid, is not regarded as a manufacture. Sec. 75. Alcohol manfactured from whiskey distilled before September 1, 1862, which has not paid tax, subject to duty 3 per cent. ad valorem. Decision October, 1862. See "Distillers." ALIENS.-See "Absentees." ALE.-See" Malt Liquors," "Beer," "Brewers," "Bottlers." ANIMAL OIL.-See "Lard Oil." ANNUAL RETURNS.-See "Returns." APPEALS.-Assessor is to give notice in one newspaper, and by written or printed handbills, when and where the lists, valuations, and enumerations of each county or district are to be seen. During fifteen days they may be examined, and after that time appeals from the assistant assessors may be received and examined by the assessor. Appeals must be in writing. Re-valuations and enumerations may be made by the assessor. Sec. 15. APPEALS from the decision of assessors must first be submitted to the assessor of the district, and his written assent be obtained to the truth of the statements; or the writer must certify that he has transmitted a copy to the assessor. Regulation December, 1862. ASPHALTUM (distilled).—See "Coal Oil." ASSESSMENT, time of.-Goods sent by a manufacturing company to its agent are considered still in the factory. The tax is due when the goods are removed from the agent's hands. A commission merchant is not regarded as an agent; and whenever goods are removed from the factory and sent to a commission-house, they are at once liable to assessment. Decision. The provision of Sec. 75, authorizing an assessment only on the increased value, applies only when the tax or duties shall have been paid before the cloths are printed or prepared. Cloths printed since September 1, upon fabrics manufactured since, upon which no duty or tax has been paid, are liable to assessment on the present value. Decision October, 1862. Assessments are to be made in all cases in the district where goods, wares, or merchandise are produced or manufactured. Decision October 17, 1862. ASSESSORS.-Right to enter premises. See "Collectors," "Obstructions." ASSIGNEE is not a judicial officer. A sale by assignee pays the same duty as auction sale. Decision. See "Auction." ASSISTANT ASSESSORS may make forced lists, &c., under Sec. 11, the same as assessors. Amendments, Sec. 1. AUCTIONS.-On the gross amount of sales, a duty of one-tenth of one per cent. Sec. 76. Auctioneers are to make returns of sales within 10 days thereafter. Penalty for non-compliance, $500. Auction sales by judicial or public officers, by virtue of a judgment or decree of a court, do not pay duty. Executors and administrators; sales by, exempt. Sec. 76. Auctioneer (licensed) may sell in his own store the goods of a licensed dealer; but he cannot sell the goods of an unlicensed dealer at the place of business of the latter, without making himself subject to the penalty. Decision. Sales of damaged stores by order of an army officer are liable to taxation. Decision. Auctioneer may sell goods not usually included in the stock of dealers, wherever situate, without special license. Decision. Auctioneers cannot sell goods at private sale by virtue of their license. Sec. 62. Auctioneers selling without license are liable to the same penalties as other persons who require license and do not take it out. Sec. 62. Auctioneers may sell goods of persons licensed to deal in retail at the houses or premises of the latter. Sec. 62. Judicial or executive officers, by virtue of any judgment or decree of any court, may make sales by auction without license. Sec. 62. Public sales by executors and administrators do not need license. Sec. 62. Auctioneers pay the sale tax on gross sales, on goods sold for manufacturers, although the same have already paid tax. Decision. Auctioneers who have license to sell at private sale are not required to pay the tax on receipts therefor. Decision. See "License." AWNINGS.-See "Sails," "Sewing.". BAND IRON.-See "Iron." BANKS; Trust Companies; Savings Institutions; Fire, Marine, Inland Stock, and Mutual Insurance Companies.-Tax on dividends in money or scrip, made to stockholders, policy-holders, or depositors, or added to surplus or contingent funds, 3 per cent., to be deducted. Penalty for neglect to make returns by officers of such institutions, $500. Penalty for non-payment, $500. Sec. 82. Banks which issue notes as circulation, and do not make dividends or additions to their surplus or contingent funds as often as once in six months, shall in lieu thereof make returns to the Commissioner of Internal Revenue on January 1st and July 1st, or within 30 days thereafter, of the amount of profits for the preceding six months, and pay 3 per cent. Amendment, Sec. 14. BARQUES.-See "Ships." BARLEY (Pearl) and split peas are not regarded as manufactures. Sec. 75. BARRELS, staves, hoops, and headings, in the rough, are not regarded as manufactures. Shooks are considered as hogsheads. Barrels or similar packages taken to pieces for greater convenience in packing, pay tax of 3 per cent. ad valorem as manufactures. Decision No. 60, January, 1863. BARS.-See "Iron." BARYTES (Sulphate).—See “White Lead.” BEER, Lager Beer, Ale, Porter, and other similar fermented liquors, subject to a tax of 60 cents per barrel, of 31 gallons or less, until April 1st, 1864, and at a like rate for fractional parts brewed, manufactured, and removed for consumption or sale. Fractional parts of barrels are halves, quarters, eighths, and sixteenths. Sec. 50. And thirds and sixths. Sec. 12, Amendments. Brewers are to render monthly returns and accounts of their products, the number of barrels made, sold, or removed for consumption or sale, verified by oath. Secs. 51, 52. False returns by brewers, distillers, or their agents, or neglect or refusal to make exact entry and report, or other disobedience of the law, causes a forfeiture of all the liquors made by such persons, and all the vessels used in making the same, with fine of $500 and costs; provided that seizure be made within 30 days after cause has occurred. Sec. 54. See "Malt Liquors," "Leakage," "Brewers," " Bottlers," "Distillers." BEDDING AND MATTRESSES, makers of, are manufacturers. Tax 3 per cent. ad valorem. Decision October 24, 1862. BEND LEATHER. See "Leather." BILLIARD TABLES, kept for use, $10. Schedule A. |