Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Ad valorem (2)
- Property taxes (2)
- Public improvements (2)
- Sixteenth Amendment (2)
- Ability to pay (1)
-
- Assessed valuation (1)
- Binney v. Long (1)
- Boyd v. United States (1)
- Branch offices (1)
- Burden (1)
- Burden of proof (1)
- Cash value (1)
- Children (1)
- Commercial domicil (1)
- Commissioner of Internal Revenue v. East Coast Oil Co. S. A. (1)
- Common voting stock (1)
- Compensating taxes (1)
- Consolidated Rendering Company v. Vermont (1)
- Contracts of sale (1)
- Creditors' process (1)
- Dams (1)
- Deductions (1)
- Deficiency taxes (1)
- Delaware (1)
- Delaware corporations (1)
- Eisner v. Macomber (1)
- Ejusdem generis (1)
- Electric current (1)
- Equalization (1)
- Federal Revenue Act (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
Taxation - Jurisdiction To Tax Intangibles - Business Situs, William Stout Gordon
Taxation - Jurisdiction To Tax Intangibles - Business Situs, William Stout Gordon
Michigan Law Review
The appellant, a Delaware corporation doing business in Minnesota, held the controlling interest in the stock of a large number of banks in numerous states. It transacted its corporate business and fiscal affairs in Minnesota and maintained a business office there. A property tax was imposed by Minnesota upon appellant's shares of stock in Montana and North Dakota state banking corporations. Appellant contended that, since Montana and North Dakota had imposed a property tax on the same shares, the Minnesota tax was contrary to the Fourteenth Amendment. The Court held that the shares of stock had acquired a "business situs" …
Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen
Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen
Michigan Law Review
A state statute imposed an annual fee of one-tenth of one per cent of gross operating revenues upon public utilities. The fees were placed in a state revolving fund used to defray the expenses of administration of the public service law. Plaintiff railroad paid the fees under protest and brought an action to recover that amount, claiming that the act was unconstitutional. The trial court held that the act was unconstitutional on its face. The state supreme court revised this decision, holding that act valid and placing the burden of proof on the plaintiff to show that it had become …
Taxation - Validity Of Retroactive Inheritance Tax On Contingent Trust Remainders, Francis T. Goheen
Taxation - Validity Of Retroactive Inheritance Tax On Contingent Trust Remainders, Francis T. Goheen
Michigan Law Review
In 1877 the settlor created an irrevocable trust with reservation of the income for life. Under the terms of the trust deed, on the death of the settlor, the income was to be paid for twenty years after the settlor's death "to and among such of" settlor's children as may be living at the time of the payment. The living issue of deceased's children were to take by right of representation. On the death of the settlor in 1931 the state of Massachusetts by statute enacted in 1907 taxed the remainder as property passing by deed "intending to take effect …
Constitutional Law - Validity Of A Compensating Use Tax - Commerce Clause, William J. Isaacson
Constitutional Law - Validity Of A Compensating Use Tax - Commerce Clause, William J. Isaacson
Michigan Law Review
Plaintiffs, appellees in this court, while engaged in the construction of a federal dam, brought into the state machinery purchased at retail in other states. The Washington Tax Commission demanded payment of a use tax on the machinery so purchased as required by the 1935 tax statutes. The plaintiffs refused to comply with the commission's order and received an in junction in the federal district court. The Washington legislature, under the heading "Compensating Tax," levied a two per cent excise on the use of all personal property purchased at retail after the effective date, the tax to be measured by …
Assessment Of Real Property For Taxation, Kenneth K. Luce
Assessment Of Real Property For Taxation, Kenneth K. Luce
Michigan Law Review
A taxpayer's suit to have the assessment on his real property lowered raises some of the oldest and most troublesome problems in the law of taxation. Invariably both the taxpayer and the government are in position to present convincing evidence and forceful argument regarding the fairness of the assessment. Moreover, to the lawyer the problems of appellate review involved in the taxpayer's suit are exceedingly complex. Except in the case of the public utility, the administrative process usually begins with the fixing of the assessment by the local assessing official. From his decision the taxpayer may in most jurisdictions appeal …
Taxation - Exemption Of Veterans' Benefits, Jacob L. Keidan
Taxation - Exemption Of Veterans' Benefits, Jacob L. Keidan
Michigan Law Review
In a statutory proceeding, the guardian of an incompetent World War veteran sought to recover taxes assessed upon bank deposits which consisted of the proceeds of federal war benefits checks. The Supreme Court of North Carolina denied these funds the protection of the exemption created by Congress on the ground that they were analogous to investments, rather than to moneys in the hands of the guardian. The United States Supreme Court adopted the latter analogy and reversed the decision. Lawrence v. Shaw, (U. S. 1937) 57 S. Ct. 443.
Taxation - Exemption Of Federal Instrumentality -Property Of A Governmental Agency Used For Non-Governmental Purpose, Virginia M. Renz
Taxation - Exemption Of Federal Instrumentality -Property Of A Governmental Agency Used For Non-Governmental Purpose, Virginia M. Renz
Michigan Law Review
Oklahoma attempted to tax property used by the lessee of restricted Indian land in producing oil and gas. It was argued that the property was not taxable because the lessee was a federal instrumentality, and Congress had not consented to its taxation. Held, property is not exempt from a non-discriminatory ad valorem state tax merely because it is the property of a federal instrumentality. There should be no exemption unless the taxation imposes a direct burden upon the exertion of a federal governmental power. Taber v. Indian Territory Illuminating Oil Co., (U. S. 1937) 57 S. Ct. 334.
Taxation - Income From Sale Of Goods Within The United States, Michigan Law Review
Taxation - Income From Sale Of Goods Within The United States, Michigan Law Review
Michigan Law Review
The commissioner of internal revenue assessed income and profits taxes against a Mexican corporation for its sales of oil to domestic buyers under the provisions of section 2 33 (b) of the Revenue Acts of 1918 and 1921. The statutes taxed income from the "sale" of personal property "within the United States." The commissioner contended that the essential character of the transaction-the contract of sale-is the decisive factor in determining the place of sale for this purpose. Since the contracts were made here and called for payment at the offices of the seller's agents in this country, the sales occurred …
Taxation -Federal Estate Tax-Interpretation Of Loss From "Other Casualty", Virginia M. Renz
Taxation -Federal Estate Tax-Interpretation Of Loss From "Other Casualty", Virginia M. Renz
Michigan Law Review
The Federal Revenue Act provides that losses incurred during settlement of an estate should be deducted when they arise from "fires, storms, shipwreck, or other casualty." Losses to the estate of the testator of the petitioner were caused by Great Britain's going off the gold standard. The petitioners contend this was a casualty within the meaning of the Revenue Act. Held, the language is to be construed according to the rule of ejusdem generis. This casualty is not of the same general kind or class as those specifically mentioned and therefore not within the act. Lyman v. Commissioner of …
Taxation - Exemption Of State Instrumentality From Federal Tax, Francis T. Goheen
Taxation - Exemption Of State Instrumentality From Federal Tax, Francis T. Goheen
Michigan Law Review
A federal statute provided that "Upon all tobacco and snuff manufactured or imported into the United States, and hereafter sold by the manufacturer or importer, or removed for consumption or sale, there shall be levied, collected, and paid . . . a tax of 18 cents per pound, to be paid by the manufacturer or importer thereof." The company received an order to deliver a quantity of tobacco to a hospital owned by the State of Massachusetts; the company complied by shipping tobacco which had been previously stamped in accordance with the regulations under the above statute. The state paid …
Taxation - Situs Of Intangibles - Business Situs, Michigan Law Review
Taxation - Situs Of Intangibles - Business Situs, Michigan Law Review
Michigan Law Review
A manufacturing corporation incorporated in Delaware and maintained a nominal office there, but had branch offices and factories in several states. Its principal office was in West Virginia. All contracts made by the branch offices were subject to approval by the home office and withdrawals from the bank deposits in the several states were under the control of the home office. A West Virginia statute placed an ad valorem property tax on corporations whose bank deposits and accounts receivable were "liable to taxation." The state court applied the statute to the bank deposits in banks outside the state and to …
Taxation - Special Assessments For Street Lighting, Herbert J. Bloom
Taxation - Special Assessments For Street Lighting, Herbert J. Bloom
Michigan Law Review
The city of Los Angeles, under the authority of the "Public Works and Utility Act" of California, passed two ordinances levying special assessments for street lighting purposes upon abutting property specially benefited according to the front foot rule. The validity of the ordinance ordering the necessary lighting posts and appliances, which were installed before the present proceeding was brought, was conceded. The other ordinance provided for the furnishing of electric current to light the public streets for a period of fourteen months. This was contested by the plaintiff, who owned three lots subject to the assessment, on the ground that …
Municipal Corporations - Constitutional Limitation On Indebtedness - Delinquent Taxes As Deductible Asset, Emma Rae Mann
Municipal Corporations - Constitutional Limitation On Indebtedness - Delinquent Taxes As Deductible Asset, Emma Rae Mann
Michigan Law Review
Plaintiff taxpayer sued to enjoin defendant city from borrowing $500,000 for general public improvements, alleging that if, the city so obligated itself it would be indebted beyond the limit fixed by the constitution at two per cent of the assessed valuation of taxable property. Defendant showed that such limit would not be exceeded if two-thirds of the outstanding delinquent taxes were regarded as deductible. The court denied the injunction and held that since collection of at least two-thirds of such outstanding delinquent taxes was certain this item was properly deductible. Ward v. Pittsburgh, 321 Pa. 414, 184 A. 240 …
Taxation - Income Taxation Of Stock Dividends, Donald H. Larmee
Taxation - Income Taxation Of Stock Dividends, Donald H. Larmee
Michigan Law Review
The petitioner purchased cumulative non-voting preferred stock in a corporation. In subsequent years the company elected to pay, and the petitioner received, dividends in common voting stock. Later the company redeemed its preferred stock. In computing the profit made by the petitioner at the time of redemption, the commissioner allocated to the common stock a proportionate share of the original cost of the preferred stock. He thereupon taxed as income the difference between the redemption figure and the allocated portion of the cost. The stockholder protested, claiming that the stock dividends should be treated as income in the years in …
Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps
Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps
Michigan Law Review
Petitioners, husband and wife, residents of Texas, made returns of community income for the year 1932, listing as exempt the salary of the wife who was superintendent of a non-profit cafeteria system operated by the Ft. Worth public schools for the exclusive patronage and benefit of teachers and students. The Commissioner of Internal Revenue refused the exemption and levied a deficiency tax of $105. On appeal from an affirmance of the commissioner's decision by the Board of Tax Appeals, held, reversed on the ground that the operation of the cafeteria system was a proper exercise of a governmental function …
Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson
Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson
Michigan Law Review
In a proceeding for judicial process to compel defendant to obey a subpoena duces tecum issued by the United States Board of Tax Appeals, defendant asserted that the documents called for were irrelevant to the issue involved, and that the subpoena was a violation of the Fourth Amendment to the Federal Constitution. Held, a witness is not entitled to resist a subpoena for mere incompetency or irrelevancy. To question admissibility, the papers must be so manifestly irrelevant as to make it plain that it is a mere "fishing expedition." One paragraph of the subpoena was declared invalid, as lacking …