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AND ESTATE TAX LAWS

CORRELATED AND ANNOTATED

Being a Compilation and Annotation of All Federal Income and Estate Tax Laws

Since the Organization of the Federal Government
And a Correlation of such Laws since the Sixteenth Amendment

By

WALTER E. BARTON

Attorney and Counsellor at Law

and

CARROLL W. BROWNING
Senior Cost Accountant, United States Navy Department

Members of the Washington, D.C., Bar

JOHN BYRNE & COMPANY
Washington, D. C.

1925

Copyright, 1925

By
WALTER E. BARTON

and
CARROLL W. BROWNING

323611

Preface to Second Edition

The first edition of this work was published in January, 1922, shortly after the enactment of the Revenue Act of 1921. Last June that Act was superseded by the Revenue Act of 1924.

To date there have been six general Revenue Acts placed on the statute books since 1913. This is an average of one new law for every two years. Each successive Act is more comprehensive and probably more complicated than its predecessor. Under these conditions it is not surprising that the Treasury Department is considerably behind with the audit of returns.

The present edition includes all of the Federal Income Tax Laws which have been enacted since the foundation of the government. All laws subsequent to the Sixteenth Amendment are correlated and annotated, the same plan being followed as in the first edition. They may be found in Part I.

The Income Tax Laws prior to the Sixteenth Amendment with annotations are collected in Part II. The Revised Statutes and the provisions of the Constitution of the United States applicable to Federal Taxation, with annotations, are collated in Part III.

In view of the growing importance of Federal Estate Taxation, the provisions of the Revenue Acts since the Sixteenth Amendment pertaining to Estate Taxation are included. They are correlated and annotated, and may be found beginning on page 344. In order that the entire Revenue Act of 1924 may be available for quick reference, it is also incorporated. The titles other than those pertaining to Income and Estate Taxation may be found beginning on page 384.

The authors take this opportunity to thank the profession for the very welcome reception which the first edition received at their hands. Any suggestions for the improvement of the present edition will be very gratefully received.

WALTER E. BARTON, Investment Building, Washington, D. C.

CARROLL W. BROWNING, January 2, 1925.

U. 8. Navy Department, Washington, D. C.

The Federal Income Tax System is admittedly complicated. This is in part due to the frequent changes which have been made in the law during the past few years. These changes are the result of evolution of a comparatively new system of taxation in this country and the exigencies of war and reconstruction. Although taxpayers are confronted with a new law every two or three years, they cannot disregard the prior ones. Some cases arising under the Act of 1917 are unsettled in the Bureau of Internal Revenue; and the Federal Courts continue to hand down decisions growing out of the Acts of 1909 and 1913.

Several books have been written on Federal Income Taxes, but no attempt has been made heretofore to compile the numerous laws into a convenient handbook for ready reference. Such is the purpose of this work. In preparing it three objects were kept in mind.

(1) The inclusion of all Federal Income Tax Laws from 1861 to date; also the Revised Statutes of the United States applicable to Income Taxation.

(2) The annotation of all Federal Income Tax Laws to date. (3) The correlation of the Acts of 1909, 1913, 1916, 1917, 1918 and 1921.

The annotations are based upon Federal Court decisions which have arisen under the various laws since 1861. Where it is possible, the language of the acts and the annotations applicable thereto appear upon the same page. The Index to Decisions and the Tables of Cases will assist in making the annotations valuable.

In correlating the last six laws, it was necessary to place some sections and parts thereof out of their natural order. Where a section is divided into three parts, for instance, the respective parts are numbered [1], [2] and [3], and the subdivisions thereof, [a], [b] and [c]. It should be kept in mind that these interpolations form no part of the acts, but are merely inserted for convenience. The proper sequence of the sections and the parts thereof may be determined by referring to the Index to Sections immediately following Part III.

The column for the Act of 1917 contains the provisions of the Act of 1917, and also the unrepealed sections of the Act of 1916, which were still in effect in 1917. The sections of the Act of 1917 are indicated by footnotes and by the fact that no corresponding sections appear in the column for the Act of 1916. The provisions of the Act of 1916 which were in effect in 1917 appear in both columns. The Act of February 24, 1919, is designated as the “Act of 1918,” inasmuch as it was retroactive to January 1, 1918.

The Index to Acts is a detailed index to the correlated acts and the Revised Statutes of the United States only. It is not considered necessary to give a detailed index to the early acts and the miscellaneous ones contained in Parts II and III, respectively. These acts may be located by turning to “Acts of Congress” in the proper place in this index.

In offering this work to the public, it is with the hope and belief that it will save lawyers and accountants much unnecessary research and labor. If it does aid to some extent, the authors will feel that they have been rewarded for the many months of toil which they have spent in its preparation.

WALTER E. BARTON, Investment Building, Washington, D. C.

CARROLL W. BROWNING, January 3, 1922.

U. S. Navy Department, Washington, D. C.

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