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(4) The calendar year 1894, or as the case may be for which the return is made, will be stated in figures in column 4. In order, however, that the character of the return may be more clearly identified, the collector will write in red ink across the top of the page upon which he begins the list of taxpayers who return on Form 365 the words “ Personal income taxes," and also in red ink across the top of the page on which he begins the list of those who make returns on Form 366 the words “ Income taxes of corporations, associations, and companies."

(5) In column 5 will be shown the gross amount of the income for the year as shown by Form 365 or 366, or, in the absence of these returns, as ascertained in the manner provided by law and the regulations of this department.

(6) In column 6 will be stated the aggregate of the deductions from the gross income authorized by law, and as set forth in the returns, Forms 365 and 366.

(7) In column 7 will be stated the net income for the year; that is to say, the taxable income which is acertained by taking the amounts reported in column 6 from the amounts reported in column 5.

(8) In column 8 will be entered the amount of tax at 2 per cent computed on the net income reported in column 7.

(9) In column 9 the collector will state the date of the return on Form 365 or 366, as the case may be, and whether true or false. He may use the letter “T”to indicate that the return is true, and the letter “F” that it is false.

If the return is false, he will also state in what its falsity consists. As the assessment of the penalty of 100 per cent added to the amount of the tax ascertained to be due is to be made in all cases of a willfully false or fraudulent list or return, it is necessary that the commissioner should be correctly informed on this point.

If the return is received after the first Monday in March the collector will state whether he has allowed further time on account of sickness or absence, and if so, for how many days, and whether for sickness or for absence.

Letters containing explanations concerning items reported for assessment should be inclosed with the list on which the items are reported, and reference should be made to such letters under the heading “Remarks by collectors;" otherwise the explanations may not be received until after the list is made up and the “ Original" forwarded to the collector.

The three copies of Form 367, prepared as above stated, will be disposed of as follows: Two copies, the “ Original" and “ Duplicate,” will, on or before April 15 following, be sent to the Commissioner of Internal Revenue with the returns on Forms 365 and 366 received by the collector from each person, corporation, and company reported on the list. The other copy of the list, the “Triplicate,” will be filed in the office of the collector.

On the first day of May following, and on the first day of every succeeding month, the collector will forward a list on Form 368 of all delinquent income taxpayers against whom liability to tax is determined subsequently to the forwarding of the next preceding list, as also additional acertained liabilities against those who may have been reported on any previ

ous list.

The lists forwarded on the 15th day of April each year

will be known as “ Annual Lists,” and will contain the names only of those persons, corporations, companies, and associations liable to income tax for the calendar year next preceding. The annual list to be forwarded April 15, 1895, will be desig. nated as

6. The income tax list for 1894 for the district of Alabama,” or for any other district, as the case may be, the list to be forwarded April 15, 1896, to be for 1895, and

SO on.

The commissioner will, immediately upon receipt of the lists on Form 367 from the collector, inquire, determine, assess, and enter in columns 11, 12, 13, and 14 thereof, the amounts ascertained to be assessable, including the amounts returned by the collector, if found correct. He will then enter the total of column 14 of the list for each district, respectively, at the foot of column 10 of the proper list on Form 23, specifying on the same line the list on Form 367, from which the amount is transferred, the amount so entered to be included in the receipt, Form 23, for the list to which the transfer is made.

It is intended that the amounts on the income tax list for 1894 shall be included in the receipt, Form 23.1, for the month of May, 1895, which will be forwarded to the collector about June 15, 1895, and that the receipts, including the amounts assessed on the monthly lists on Form 368, will be forwarded with the lists, Forms 23 and 368, monthly, as heretofore in the case of Form 23.

Monthly report of assessed income taxes on Form 368. Each collector who receives a list on Form 367 will make a report thereof monthly until the assessment is disposed of by payment or abatement; such report to be made on Form 368, in accordance with the instructions printed on said form. CHAPTER SEVENTEEN.


Commissioner of Internal Revenue. Approved :J. G. CARLISLE,

Secretary of the Treasury.

Note. — While this work was passing through the press, Congress passed a joint resolution (February, 1895), extending the time for making the income returns due on first Monday of March, 1895, to April 15, 1895, and making some other amendments to the income tax law. The joint resolution will be found in the Appendix.


gent funds.


Sec. 116. Annual income tax imposed.

and insurance companies, and 117. Sources of income to be included additions to surplus or contin

in estimate, and deductions al-

121. Returns by banks. 118. By whom returns are to be made. 122. Tax on dividends and interest on

Penalties for neglect to make or bonds of railroad, canal, turnmaking false returns.

pike, and slack-water compaAppeals.

nies, and on profits carried to 119. When and how long tax is to be a fund, or used for construction. levied, and when payable.

Returns to be made. 120. Tax on dividends of banks, trust 123. Tax on salaries of United States

companies, savings institutions, officers.

The act of August 5, 1861, imposed a direct tax and a tax on incomes, but the income portion of the act never took effect. The first income law under which any tax was collected was the act of July 1, 1862. Under this act the tax was 3 per cent on incomes over $600 and not over $10,000; over $10,000, 5 per cent. Act of March 3, 1865, over $600 and not over $5,000, 5 per cent; over $5,000, 10 per cent on excess over $5,000. Act of March 2, 1867, over $1,000, 5 per cent. Act July 14, 1870, over $2,000, 21 per cent. No income tax was collected under the act of June 30, 1864, as it was amended by the act of March 3, 1865, before it became collectible, but the numerical order of the sections of the act of June 30, 1864, was preserved through all the subsequent amendments until the act of July 14, 1870. The income tax expired with the assessment in 1870 of the income of 1869, according to the limitation contained in Sec. 119, but was reimposed with some variations, and made applicable to the incomes of 1870 and 1871, by the act of July 14, 1870.

The numbers of the sections given below are those of the act of June 30, 1864, the numbers and dates of the amendatory sections being given in the margins.

Act March 2, 1867, Sec. 13. Income tax to be assessed annually.

Act of June 30, 1864, as amended by the acts of July 13,

1866, and March 2, 1867. Sec. 116. And be it further enacted, That there

shall be levied, collected, and paid annually upon the gains, profits, and income of every person residing in the United States, or of

any citizen of the United States residing abroad, whether derived from any kind of property, rents, interest, dividends, or salaries, or from any profession, trade, employment, or vocation, carried on in the United States or elsewhere, or from any other

source whatever, a tax of five per centum on the amount so derived over one thousand dol

lars, and a like tax shall be levied, collected, and paid annually upon the gains, profits, and income of every business, trade, or profession carried on in the United States by persons residing without the United States and not citizens thereof. And the tax herein provided for shall be assessed, collected, and paid upon the gains, profits, and income for the year ending the thirty-first day of December next preceding the time for levying, collecting, and paying said tax.

Tax of five per
Exemption of

It is not competent for Congress, under the constitution of the United States, to impose a tax upon the salary of a judicial officer of a State. Collector v. Day, 11 Wall. 113.

The question, whether the income tax was a direct tax within the meaning of the constitution, elaborately discussed, and all the authorities reviewed, and the decision of the court stated as follows: “Our conclusions are, that direct taxes, within the meaning of the constitution, are only capitation

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