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Payment of costs in compromise cases. Decision by Attor. ney-General, 24 Internal Revenue Record, 130.
Commissioner may direct an unconditional dismissal of a suit without recommendation of the Attorney-General (but see Sec. 3230 as to prosecutions under Sec. 3257).
In this case the question was presented whether sureties on a distiller's bond could be subjected to the penalty attached to the commission of an offense when the principal had effected a full and complete compromise with the government, under the sanction of an act of Congress (Sec. 3229) of prosecutions based upon the same offense and designed to secure the same penalty. Held, that the compromise pleaded must operate for the protection of the distiller against subsequent proceedings as fully as a former conviction or acquittal. United States v. Chouteau, 12 Otto, 603.
See, also, United States v. Ulrici, 12 Otto, 612. This case involved substantially the same questions considered in the above case, and was decided upon its authority.
Money deposited in compromise cannot be held by the United States as a set-off against taxes due. Boughton v. United States, 12 Court of Claims, 330; 13 ibid. 284.
Compromises. This mode of settling cases is often resorted to in cases of unintentional violations of law.
In cases of violations occurring through ignorance or neglect, and where no intention to defraud the revenue can be fairly inferred, reasonable offers in compromise will be considered; but where the intention to defraud is manifest, the compromising powers will be slow to intervene to protect the offenders from the full legal consequences of their own acts. Int. Rev. Reg., Series 7, No. 12, Revised, p. 39:
The power to compromise ceases after final judgment, so far as the commissioner is concerned.
Parties desiring relief in such cases should make their application to the Secretary of the Treasury. Secs. 3469 and 5292 R. S.: Int. Rev. Reg., Series 7, No. 12, Revised,
Under Secs. 5292 and 5293, the Secretary of the Treasury has power to remit or mitigate fines, penalties, or forfeitures,
Discontinuances of prosecutions.
and to remove disabilities, before or after judgment or decree, and until the money is actually paid into the treasury. Sec. 3230. No discontinuance or nolle prosequi of
any prosecution under section three thousand
two hundred and fifty-seven shall be allowed without the permission in writing of the Secretary of the Treasury and the Attorney-General. Sec. 3231. It shall be lawful for any court, in which
any suit or criminal proceeding arising under revenue cases, the internal revenue laws may be pending, to continue the same at any stage thereof, for good cause shown on motion by the district attorney.
Continuance of internal
3244. 2d. Manufacturers of stills; 3233. Trade or business to be regis
special tax. tered.
3244. 3d. Rectifiers; special tax. (3233 a.] Selling on passenger railroad 3244. 4th. Retail liquor dealers; spetrains or vessels.
cial tax. 3234. Persons in partnership at same 3244. 4th. Wholesale liquor dealers; place liable for only one tax.
special tax. 3235. Payment of one special tax not 3244. 5th. Retail dealers in malt lito cover several places of
quors ; special tax. business.
3244. 5th. Wholesale dealers in malt 3236. When more than one pursuit is
liquors. carried on in same by 3244. 6th. Dealers in leaf tobacco desame person at same time.
fined. 3237. When special tax to be due, how 3244. 7th. Retail dealers in leaf toreckoned.
bacco defined. 3238. Stamps for special taxes.
3244. 8th. Repealed. 3239. Special-tax stamp to be exhibited 3244. 9th. Manufacturers of tobacco in place of business.
defined. 3240. List of special-tax payers to be 3244. 10th. Manufacturers of cigars exhibited in collector's office.
defined. 3241. Death or removal after paying 3244. 11th. Peddlers of tobacco detax; business carried on with
fined. out additional tax.
3244. 12th. Manufacturers of oleomar3242. Carrying on business without
garine ; special tax. payment of special tax; penal- 3244. 12th. Wholesale dealers in oleoties.
margarine ; special tax. (3242 a.) Same.
3244. 12th. Retail dealers in oleomar(3242 b.] Same as to manufacturers
garine ; special tax. and dealers in oleomargarine ; 3245. Balance of distiller's special tax penalties.
to be refunded. 3243. Payment of special tax not to au- 3246. Special tax not to apply to vintthorize violation of State laws,
ners, nor apothecaries nor prohibit State taxation.
in certain cases. SEC. 3232. No person shall be engaged in or carry on any trade or business hereinafter men
Trade or busitioned until he has paid special tax therefor certion to be in the manner hereinafter provided.
til tax paid.
Trade or business to
For a full discussion of the right of the United States to impose special taxes on certain occupations such as liquor dealers, etc., which occupations are prohibited in several of the States by municipal law, see the decisions of the Supreme Court in the License Tax Cases, 5 Wall. 462.
The prohibition of engaging in or carrying on any business until a special tax has been paid is perhaps modified by Sec. 53, act October 1, 1890 (see Sec. 3237), which gives the taxpayer until the last day of the month in which the tax liability commences, to make his return. SEC. 3233. Every person engaged in any trade or
business on which a special tax is imposed by be registered. law shall register with the collector of the district his name or style, place of residence, trade or business, and the place where such trade or business is to be carried on. In case of a firm or company, of the several persons constituting the same, and their places of residence, shall be so registered.
The registry herein provided for is usually effected by the special-tax payer making a return to the collector on what is known as Form 11.
Meaning of the words “place where business is to be carried on.” Salt Co. v. Wilkinson, 8 Blatch. 30. [SEC. 3233 a.] Joint resolution approved May 8, 1876 (19
Stat. 213). That nothing contained in chapissued for cer- ter three of title thirty-five of the Revised passenger "rail Statutes shall prevent the issue, under such
regulations as the Commissioner of Internal Revenue may prescribe, of special-tax stamps to persons carrying on the business of retail dealers in liquors, retail dealers in malt liquors, or dealers in tobacco, upon passenger railroad trains or upon steamboats or other vessels engaged in the business of carrying passengers.
Special-tax stamps may
road trains or vessels.
Dealers in tobacco are no longer required to pay special tax. Under this resolution it is held that if wines or liquors are sold by agents passing from car to car the principal is liable to pay a special tax as retail liquor dealer for each agent, but where spirituous or malt liquors are sold only from one bar or a single room, as is generally the custom on steamboats, it is sufficient to pay the taxes for one place of business. The law does not authorize the issuance of special-tax stamps for the sale of liquors on boats moving from place to place, and not engaged in the business of carrying passengers.
Internal Revenue Regulations, Series 7, No. 1, p. 37.
Sec. 3234. Any number of persons doing Persons in business in copartnership at any one place shall be required to pay but one special tax.
Sec. 3235. The payment of the special tax imposed shall not exempt from an additional special Payment of tax the person carrying on a trade or business not to cover in any other place than that stated in the col- of business. lector's register ; but nothing herein contained shall require a special tax for the storage of goods, wares, or merchandise in other places than the place of business, nor, except as hereinafter provided, for the sale by manufacturers or producers of their own goods, wares, and merchandise, at the place of production or manufacture, and at their principal office or place of business, provided no goods, wares, or merchandise shall be kept except as samples at said office or place of business.
Regular retail dealers in liquors, or in malt liquors holding special-tax stamps as such, may close their ordinary place of business for the time being, and, on the registry of the facts with the collector of the district in which the fair-grounds are situate, may do business under the regular stamps at one stand in the fair-grounds, without payment of additional tax; but before opening again their regular place of business, must