A Treatise on the Law of Income Taxation Under Federal and State Laws

Front Cover
Vernon Law Book Company, 1915 - Income tax - 865 pages
 

Contents

Returns to be Made Time Place Form and Contents
12
Returns by Guardians Trustees Executors
13
Returns by Persons Having Control of Determinable In come Payable to Others
14
Taxation of Partnership Profits Returns by Firms
15
Dividends on Stock Not Returnable for Purpose of Normal
16
Persons For Whom Returns Have Been Made by Others
17
Returns to be Verified Increasing Amount Returned Ap peal
18
Assessment Notice and Payment of
19
Assessment Within Three Years After Discovery of Neglect to Make Return or Making of False Return
20
Penalty and Interest on NonPayment
21
Deduction and Payment of Normal Tax at Source
22
Same How Deductions and Exemptions to be Claimed
23
Same Making Return and Claim for Minor Sick Insane or Absent Persons
24
Deduction and Withholding of Normal Tax from Interest
25
Provisions Extended to Porto Rico and Philippine Islands
39
Repeal of Corporation Excise Tax Law of 1909 Saving of Taxes Accrued
40
CHAPTER II
42
Extension of Time for Filing Monthly List Returns 127 Form of Signature to Ownership Certificates 128 Interest on State and Municipal Securities N...
43
Extension of Time for Use of Certain Forms 137 Blank Forms to be Furnished Authorization to Private Parties to Print Their Own Forms 138 Effect ...
44
NonResident Aliens Taxable Income Deductions With holding at Source 169 Compromise of Penalties for Failure to Make Returns 170 Inspection of...
45
Temporary Provision
56
What Deductions Allowable Under the Head of Losses
115
CHAPTER III
142
Collections at the Source Art 29 To What Applies 30 Who Are Required to Withhold Tax at Source 31 Withholding Agents 32 Income as to Which ...
143
When Tax Deductible Exemptions Claimed 66 Claim for Deductions 67 Tax Not Withheld on Interest on Deposits 68 Notes Given for Interest or Re...
144
Definitions of Gross Income 108 Income From Sale of Capital Assets 109 Ascertaining Net Income from Sale of Capital Assets 110 Profit or Loss Ari...
145
Taxes Not Deductible 154 Tax on Capital Stock of Banks 155 Import Duties 156 Reserve for Taxes 157 Foreign Corporations Subject to Tax 158 Ho...
146
Extension of Time
173
Returns Mailed in Due Time
174
Last Due Date
175
When Due Date is Sunday or Holiday
176
Assessment and Payment of Corporation Taxes
177
Returns to be Public Records
178
Information Given to State Officers When
179
Certified Copies of Returns as Evidence
180
Penalty for Disclosing Returns
181
Bookkeeping Methods of Corporations
182
Books of Account Showing Income
183
Omitted Taxes May be Assessed
184
Corporations Subject to Normal Tax Only
185
Examination of Books
186
Certain Returns to be in Duplicate
193
Certificates and Returns to be Forwarded
194
Reports and Returns Examined by Collectors
195
Notice to Delinquents
196
Notice of Assessment
197
Notice of Assessment to be Sent Immediately
198
Payments Abatements and Outstanding Bal ances
199
Discrimination Between Corporations Partnerships and Individuals
201
Discrimination Between Residents and NonResidents
202
Federal Taxation of Corporations Created by States
203
Taxation of Income from NonTaxable Property
204
Taxing Salaries of Federal and State Officers
205
Exemption of Incomes Below a Fixed
206
Exemption of Classes of Individuals or Corporations
207
CHAPTER IV
213
CHAPTER V
221
Income Tax Laws in Force
230
Departmental Regulations
231
Economic Aspects of Income Taxation
232
CHAPTER VI
234
Equal Protection of the Laws
238
Double Taxation
265
Taxing Aggregate Income of Family
269
Validity of Graduated or Progressive
270
Retrospective Operation of Statute 213 Objections as to Title Purpose and Mode of Enactment of Statute
272
Objections to Administrative Provisions of
275
Apportionment of Federal Income
277
Constitutional Objections to Penalties Imposed
278
CHAPTER VII
280
CHAPTER VIII
288
Statutory and Official Definitions of Gross and Net Income
293
Official Definitions of Gross Income of Corporations
294
Profits and Gains Compared and Distinguished
296
Income Derived from Any Source Whatever
299
Change or Substitution of Capital Distinguished
300
Rent of Land and Royalties
302
Rental Value of Residence
303
Salaries and Earnings from Professions and Trades
305
Pensions Gifts Prizes and Awards
307
CHAPTER IX
342
NonResident Aliens
342
Carrying on of Business or Trade
342
Carrying on Several Lines of Business
342
Public Service Corporations
342
CHAPTER X
391
Proceeds of Life Insurance Policies
412
Exemption of Fixed Amount of Income
413
Same Treasury Regulations as to Husband and Wife
414
Taxable Income and Exemptions for 1913
416
CHAPTER XI
417
Masonic Lodge 283
428
FortyTwo Broadway
437
Archer In re 337
443
Depreciation of Timber Lands
460
Amortization of Bonds
462
Dividends from Corporations Subject to
463
Special Rules as to Insurance Companies
465
Rules as to Foreign Corporations
467
Bookkeeping to Show Deductions
468
CHAPTER XII
469
Form and Contents of Returns
475
Including Income of Wife and Children 319 Returns by Husband and Wife
477
Returns of Corporations
479
Time for Filing Returns
486
Where Returns are to be Filed
486
Publicity or Inspection of Returns
487
Penalties for Divulging Information
492
Proceedings in Case of Refusal or Neglect to File Return
493
Same Examination of Books Papers and Witnesses 327 Same Constitutional Validity
496
Same Jurisdiction of Courts to Enforce Obedience
498
Same Authority of Officers Scope of Examination 330 Same Examination and Inspection Under State Income Tax Laws
502
Penalties for Failure to Make Return
503
Penalties for False or Fraudulent Returns
504
Penalties Under State Income Tax Laws
506
Returns of Withholding Agents
507
CHAPTER XIII
510
Assessment on Discovery of Delinquency or of Fraud
513
Impeaching and Contesting Assessment
515
Appeal and Review of Assessment
516
Notice of Assessment
518
Time for Payment of
519
Demand for Payment of
520
Payment and Receipt
522
Penalty for Delinquency
523
Lien of Income
528
Collection by Suit
531
Collection by Distraint
535
Sale of Real Estate for Delinquent Taxes
536
Remedies of Taxpayer Illegally Assessed
538
Compromise of Litigation
542
CHAPTER XIV
545
Corporate Bonds and Mortgages
548
CHAPTER XV
571
APPENDIX
572
Moore 261
576
Murphy 383
589
United States Corporation Excise Tax Law of 1909
597
Federal Income Tax Law of 1894
606
Civil War Income Tax Acts of Congress
622
Wisconsin Income Tax Law of 1911
643
South Carolina Income Tax Law
661
North Carolina Income Tax Law
668
Income Tax Provisions in Statutes of Other States
675
Table of Forms
695
B Revised Ownership Certificate Individual Exemption
701
Certificate by Members of Partnership
707
Form for Claiming Exemption at the Source
713
Annual List Return
722
Certificate of Foreign Organizations not Subject to Taxa
728
A Substituted Collecting Agents Certificate in Case of For
732
Annual Return Banks and Other Financial Institutions
743
Annual Return Public Service Corporations
749
Annual Return Manufacturing Corporations
755
Annual Return Mercantile Corporations
761
Annual Return Miscellaneous Corporations
767
Annual Return of Individuals
773
1040 Revised Joint Return of Husband and Wife
779
Annual List Return of Tax Withheld at Source on Sala
790
Substitute Certificate Exemption Not Claimed
796
Unincorporated Associations 269 Incorporated Clubs
Inactive Corporations and Holding Companies 271 Lessor Corporations 272 Corporations Fraudulently Formed to Evade Tax 273 Corporations of P...
Legacies and Inheritances
Products of Agriculture or StockRaising 233 Produce of Mines and Oil and Gas Wells
Assessment of Taxes In
Attorney General v Borrodaile 258
Copyright

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Page 6 - ... commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in...
Page 612 - It shall be unlawful for any collector, deputy collector, agent, clerk, or other officer or employee of the United States to divulge or to make known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties...
Page 677 - If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, penalty, additional amount, or addition to such tax, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person.
Page 593 - Columbia, shall be subject to pay annually a special excise tax with respect to the carrying on or doing business by such corporation, joint stock company, or association, or insurance company, equivalent to one per centum upon the entire net income over and above five thousand dollars, received by it from all sources during such year...
Page 233 - ... due process of law,' but if found to be arbitrary, oppressive, and unjust, it may be declared to be not 'due process of law.
Page 521 - Every collector to whom any .payment of any income tax is made shall upon request give to the person making such payment a full written or printed receipt, stating the amount paid and the particular account for which such payment was made...
Page 58 - The proceeds of life insurance policies paid to individual beneficiaries upon the death of the insured; the amount received by the insured, as a return of premium or premiums paid by him under life insurance, endowment, or annuity contracts, either during the term or at the maturity of the term mentioned in the contract or upon surrender of the contract; the value of property acquired by gift, bequest, devise, or descent (but the "income from such property shall be included as income...
Page 236 - Amendment that no state shall deny to any person within its jurisdiction the equal protection of the laws was not intended to prevent a state from adjusting its system of taxation in all proper and reasonable ways.
Page 580 - ... until a claim for refund or credit has been duly filed with the Commissioner of Internal Revenue, according to the provisions of law in that regard, and the regulations of the Secretary of the Treasury established in pursuance thereof...
Page 9 - ... guardians, trustees, executors, administrators, agents, receivers, conservators and all persons, corporations or associations acting in any fiduciary capacity shall make and render a return of the net income of the person for whom they act, subject to this tax, coming into their custody or control and management, and be subject to all the provisions of this section which apply to individuals...

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