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in the purchase or production of said stock or produce, and not including any part thereof consumed directly by the family; money and the value of all money and personal property acquired by gift or inheri- perty acquired tance; all other gains, profits, and income heritance. derived from any source whatever, except that portion of the salary, compensation, or pay received for services in the civil, military, naval, or which tay has other service of the United States, including Senators, Representatives, and Delegates in Congress, from which the tax has been deducted, and except that portion of any salary upon which the employer is required by law to withhold, and does withhold, the tax and pays the same to the officer authorized to receive it. In computing incomes, the necessary expenses actually incurred in carrying Deductions : on any business, occupation, or profession business ; shall be deducted, and also all interest due or paid within the year by such person on existing indebtedness. And all national, State, county, school, and municipal taxes, not including those assessed against local benefits, paid within the year, shall be deducted from the gains, profits, or income of the person who has actually paid the same, whether such person be owner, tenant, or mortgagor ; also losses actually sustained during the year, incurred in trade or arising from fires, storms, or shipwreck, and not compensated for by insurance or otherwise, and debts ascertained to be worthless, but excluding all estimated depreciation of values and losses within the year on sales preciation exof real estate purchased within two years pre- Losses on sales vious to the year for which income is estimated : Provided, That no deduction shall be made for

Certain sala

been collected not to be included.

interest due or paid ;

taxes ;

losses ;

worthless debts. Estimated de

Proviso as to


Only one exemption of $1,000 to each family.

Case of guardians and wards.

any amount paid out for new buildings, permanent im

provements, or betterments, made to increase improvements the value of any property or estate : Pro

vided further, That only one deduction of four thousand dollars shall be made from the aggregate

income of all the members of any family composed of one or both parents and one or more

minor children, or husband and wife; that guardians shall be allowed to make a deduction in favor

of each and every ward, except that in case

where two or more wards are comprised in one family, and have joint property interests, the aggregate deduction in their favor shall not exceed four thousand dollars : And provided further, That in cases Salaries of per- where the salary or other compensation paid States service to any person in the employment or service of to be included. the United States shall not exceed the rate of four thousand dollars per annum, or shall be by fees, or uncertain or irregular in the amount or in the time during which the same shall have accrued or been earned, such salary or other compensation shall be included in estimating the annual gains, profits, or income of the person to whom the same shall have been paid,

and shall include that portion of any income or salary upon which a tax has not been paid by the employer, where the employer is re

quired by law to pay on the excess over four thousand dollars : Provided also, That in computing the income of any person, corporation, company, or association there shall not be included the amount re

ceived from any corporation, company, or ashich tar has sociation as dividends upon the stock of such

corporation, company, or association if the tax of two per centum has been paid upon its net profits by

Salary on which tax is not paid by employer to be included in certain cases.

Dividends received on

been paid to be excluded.

Act Aug. 28,

said corporation, company, or association as required by this act.

Compare this section with Sec. 117, act June 30, 1864, as amended, infra. See, also, amendment in Appendix.

Sec. 29. That it shall be the duty of all persons of lawful age having an income of more than

three thousand five hundred dollars for the 1894. taxable year, computed on the basis herein lawful age prescribed, to make and render a list or re- se for the turn, on or before the day provided by law, return to the in such form and manner as may be directed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, to the collector or a deputy collector of the district in which they reside, of the amount of their income, gains, and profits, as aforesaid ; and all guardians and trustees, executors, administrators, agents, receivers, Guardians, and all persons or corporations acting in any to make rofiduciary capacity, shall make and render a minors, etc. list or return, as aforesaid, to the collector or a deputy collector of the district in which such person or corporation acting in a fiduciary capacity resides or does business, of the amount of income, gains, and profits of any minor or person for whom they act, but persons having less than three thousand five hundred dollars income are not required to make such report; and the collector or deputy collector shall require Returns to every list or return to be verified by the oath or by oath. affirmation of the party rendering it, and may increase the amount of any list or return if he has reason to believe that the same is under- increase the stated ; and in case any such person having a taxable income shall neglect or refuse to make and render such list and return, or shall render

Persons of

with an income


Collector may

amount of return in case of understatement.

Neglect or re

making will
fully false re-
turn; duty of
Fifty per cent
penalty in case
of willful neg-

One hundred per cent pen


to be assessed

a willfully false or fraudulent list or return, it shall be the duty of the collector or deputy collector to make

such list, according to the best information fecul to make he can obtain, by the examination of such

person, or any other evidence, and to add fifty per centum as a penalty to the amount

of the tax due on such list in all cases of willlect or refusal. ful neglect or refusal to make and render a list or return; and in all cases of a willfully false or

fraudulent list or return having been renalty in case of dered, to add one hundred per centum as a

penalty to the amount of tax ascertained to be due, the tax and the additions thereto as a penalty How penalties to be assessed and collected in the manner and collected. provided for in other cases of willful neglect or refusal to render a list or return, or of rendering a

false or fraudulent return : Provided, That any person, or corporation in his, her, or its own behalf, or as such fiduciary, shall be

permitted to declare, under oath or affirmation, the form and manner of which shall be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, that he, she, or his or her, or its ward or beneficiary, was not possessed of an income of four thousand dollars, liable to be assessed according to the provisions of this act; or may declare that he, she, or it, or his, her, or its ward or beneficiary, has been assessed and has paid an income tax elsewhere in the same year, under authority of the United States, upon all his, her, or its income, gains, or profits, and upon all the income, gains, or profits for which he, she, or it is liable as such fiduciary, as prescribed by law; and if the collector or deputy collector shall be satisfied of the trụth of the

under oath
of no taxable
income, or
that it has
been taxed

declaration, such person or corporation shall thereupon be exempt from income tax in the said district for that year; or if the list or return of any person In case of the or corporation, company or association, shall turnebye collechave been increased by the collector or dep- parties may uty collector, such person or corporation, com- to prove the pany or association, may be permitted to prove the amount of income liable to be assessed; but such proof shall not be considered as conclusive of the facts, and no deductions claimed in such cases shall be made or allowed until approved by the collector or deputy collector. Any person or company, corporation or association, feeling aggrieved by the decision of the deputy collector, in such cases may deputy to appeal to the collector of the district, and collector. his decision thereon, unless reversed by the Commissioner of Internal Revenue, shall be final. If dissatisfied with the decision of the collector, such person or corporation, company or decision of colassociation, may submit the case, with all the missioner of papers, to the Commissioner of Internal Revenue for his decision, and may furnish the testimony of witnesses to prove any relevant facts, having served notice to that effect upon the Commissioner of Internal Revenue, as herein prescribed. Such notice Notice of apshall state the time and place at which, and miationem the officer before whom, the testimony will be taken; the name, age, residence, and business of the proposed witness, with the questions to be propounded to the witness, or a brief statement of the substance of the testimony he is expected to give: Provided, That the government may at the same time and place take testimony upon like notice to rebut the testimony of the witnesses examined by the person taxed.

amount of income.

Appeal from

Appeal from

Internal Revenue.


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