Law Commons^™

Taxation-Due Process-Gifts In Contemplation Of Death

Indiana Law Journal

No abstract provided.

Tax Delinquencies And Municipal Bonds, Thomas C. Batchelor

Indiana Law Journal

No abstract provided.

Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers

Michigan Law Review

Pursuant to a constitutional provision enabling such action, the Governor asked the supreme court of South Dakota the following question: "Could the legislature enact legislation which would permit the several counties as a county enterprise to raise funds either by supplemental budget or bond or warrant issues with which they might in turn furnish feed loans or even distribute feed as a part of a county poor relief system . . . ?" In answer to this question the court held, in In re Opinion of the Judges, that the furnishing of feed or feed loans to individuals …

Receivers - Liability For Corporate Franchise Taxes Accruing After Appointment

Michigan Law Review

In a comment appearing in the May issue of the Review (30 MICH. L. REV. 1094), this writer considered the existing conflict of decisions on the question of a receiver's liability for corporate franchise taxes accruing during the period of receivership. The opposing views, as represented by In Re Detroit Properties Co., 254 Mich. 523, 236 N. W. 850 (1931), and Michigan Trust Co. v. Michigan (C. C. A. 6th, 1931) 52 F.(2d) 842, were compared and evaluated. Both decisions were based on the same Michigan statute (2 Comp. Laws 1929, sec. 10140). It was pointed out that the …

State Taxation Of Non-Residents On Stock Of Domestic Corporations, Robert C. Brown

Indiana Law Journal

No abstract provided.

Receivers -Liability For Corporate Franchise Taxes Accruing After Appointment

Michigan Law Review

General business conditions of the last three years have made the field of receivership law an extremely interesting and important one to that portion of the bar which has been picking up the pieces left by the debacle of 1929. The widespread liquidation and dissolution of great business organizations has been effected in large part through the medium of the receivership. One of the more difficult problems arising in connection with such receiverships has been the liability of the receiver for franchise taxes. Such taxes have been held to be not property levies but excises on the privilege to carry …

Constitutional Law--Income Tax--Husband And Wife As Taxable Unit, Bernard Sclove

West Virginia Law Review

No abstract provided.

Constitutional Law-Taxation

Indiana Law Journal

No abstract provided.

Taxation--Unearned Fire Insurance Premiums As Deductible Indebtedness, Kingsley R. Smith

West Virginia Law Review

No abstract provided.

Federal Practice - Statute Of Limitations - An Amendment As Stating A New Cause Of Action

Michigan Law Review

Plaintiff brought his action to recover taxes paid under protest September 21, 1920. The tax was levied under the Revenue Act of 1918 on certain whiskey belonging to the plaintiff and stored in a government warehouse, which it was claimed had been withdrawn for beverage purposes. In his first petition, filed July 26, 1924, the plaintiff alleged that no tax was due because the liquor, while in exclusive control of the government and without fault of the plaintiff, was destroyed by fire. Two amended petitions were filed, one on February 28, 1927, and the other on September 22, 1928, in …

Taxation - Tenancies By The Entirety - Retroactive Application Of The Federal Estate Tax Laws

Michigan Law Review

H and W became tenants by the entirety in certain lands in 1917. H died in 1925. A federal estate tax was collected under section 302 of the Revenue Act of 1924, 43 Stat. 253, 304, which provides that the gross value of the decedent's estate subject to tax shall include all property "to the extent of the interest therein held . . . as tenants by the entirety by the decedent and spouse," with certain exceptions. The same provision appeared in the 1916 and successive revenue acts without material change. W protested the levy on the ground that Congress …

Taxation-Power To Determine Income Tax Rate Of Husband On Basis Of Combined Income Of Husband And Wife

Michigan Law Review

The plaintiff and his wife had separate incomes and estates. The Wisconsin income tax law provided that married persons living together might make separate returns, but that the tax rate should be that rate which would apply had their incomes been combined in a single return. Wis Stat., 1927, c. 71.05 (2) (d), c. 71.09(4) (c). Income tax rates, under the Wisconsin law, are graduated according to the size of the income. Married women are given equal property and contract rights with men under the Wisconsin statutes. The plaintiff, protesting against payment of a higher rate than that prescribed for …

Construction Of Statutes--Meaning Of The Word "Garage" In License Tax Provisions, Jack C. Burdett

West Virginia Law Review

No abstract provided.

Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38

Michigan Law Review

Plaintiff filed suit in a federal court, sitting in equity, in behalf of himself and others, to enjoin the collection of an illegal tax imposed by North Carolina upon peddlers of foreign fruit within that state. He alleged that 400 others were similarly situated and that over 100 of them had contributed to the expense of the litigation. Held, the individual legal remedy available under state statute was inadequate in view of the multiplicity of suits it necessitated, and the plaintiff was entitled under Federal Equity Rule 38 (post) to bring a class suit to enjoin the collection of …

Taxation - Jurisdiction To Tax Intangibles Of Nonresident Decedents - Corporate Stock

Michigan Law Review

The decedent, a resident of Massachusetts, died in 1924 owning a large block of stock in a Maine corporation. After Massachusetts had already collected an inheritance tax assessed against these shares, the Maine tax authorities levied a similar tax, basing their claim on the fact of incorporation under Maine law. The state supreme court, 130 Me. 123, 154 Atl. 103 (1931), held that such shares were within the jurisdiction for taxing purposes even though their owner was a nonresident decedent. An appeal was taken to the United States Supreme Court. Held, the rule in Farmers' Loan & Trust Co. …

Internal Revenue--Gain Accruing On Exchange Of Shares Of Stock As Taxable Income, August W. Petroplus

West Virginia Law Review

No abstract provided.

The Bank And Corporation Franchise Tax Act, Roger J. Traynor

Taxation & Traynor

The Bank and Corporation Franchise Tax Act

Sec. 550 Act of 1929 Amended

Sec. 551 Corporations Taxable

Sec. 552 What Is Meant by "Doing Business?"

Sec. 553 Business Trusts

Sec. 554 Income Reported to Federal Government Is the Basis of the Computation of the Tax

Sec. 555 Adjustments; Tax Exempt Interest

Sec. 556 Stock Dividends and Subscription Rights

Sec. 557 Liquidating Dividends

Sec. 558 Dividends Paid in Property Other Than Cash

Sec. 559 Dividends From Earnings Accumulated Prior to Effective Date of the Act

Sec. 560 Proceeds of Life Insurance Policies

Sec. 561 Net Losses

Sec. 562 Adjustment for Taxes. …

Taxation Of Oil And Gas Interests (Continued), Charles Gustav Haglund

Kentucky Law Journal

No abstract provided.

Taxation - Constitutionality Of A Conclusive Presumption That A Transfer Executed Within A Limited Period Before Death Is Made In Contemplation Of Death

Michigan Law Review

Motion for a refund by the plaintiff on the ground that certain transfers made within two years of the death of the decedent should not have been subjected to the federal estate tax as they were not in fact made in contemplation of death. The defendant filed a statutory demurrer on the ground that section 302 of the Revenue Act as amended in 1926 (26 U. S. C. A. sec. 1049C) renders such property taxable irrespective of what impelled the transfer. The section reads, "Where within two years prior to his death and without consideration the decedent has made a …

Reduction Of Tax Exemptions By Reason Of Receipt Of Tax-Exempt Income, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.