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Accrued but not received, 247, 190; 529 (d), 478.
Accrued prior to March 1, 1913, 107 (d), (e), 77;
582 (h), (i), 512.

Alimony, 107 (a), 76; 582 (c), 511.

Amortization of bond discount, 529 (b), 478.
Appreciation accrued prior to Jan. 1, 1909, 529 (c),
478.

Appreciation of assets, effect on, 533 (n), 479.
Army officer, pay and commutation, 487, 451.
Bequest to beneficiary, 116 (e), 80.

Bequest to executor, 116 (d), 80.

Book adjustments, effect on, 533 (m), (o), 479.

Capital assets, profit from sale of, 48, 49, 36; 512,
465; 533 (g), (h), 479.

Commissions accruing prior to March 1, 1913, 109,
77.
Constitutionality of tax on income of domestic cor-
poration derived from Porto Rico, 580 (t), 511.
Corporation, in case of reorganization, 533 (q), 480.
Corporation, release of debts by stockholders, 533
(p), 479.

Debenture bonds, 17 (b), 10.

Definition, 104 (b)-(d), 75; 106 (b), 76; 107 (c),
76; 111 (b), 77; 533 (a)-(b), 479; 582 (b), (d),
(f), (g), 511.

Divided or undivided, 497, 462; 504, 463.
Dividends, 106 (e), 107 (b), 76; 107 (g),
(c)-(e), 78; 113 (i), (j), 79.

77;

113

Dividends credited but not set apart, 17 (c), 10.
Dividends declared before March 1, 1913, 113 (l), 79;
582 (i), 512.

Dividends paid from depletion reserve, 16, 10.
Dividends paid during January and February, 1913,
113 (a), 78.

Dividends paid from earnings accrued prior to March
1, 1913, 17 (a), 10; 113 (b), 78; 113 (k), 79.
Dividends paid from earnings accrued prior to Janu-
ary 1, 1909, 533 (k), 479.

Dividends, taxability to controlling corporation in
case of merger, 113 (h), 78.

Entire net, 526 (b), 477; 580 (b), 510.
Federal judges, salaries of, 110, 77.

INCOME

Continued.

Foreign commerce, taxability when derived from, 104
(e), 75; 114, 79; 73 (a), (b), 60, 61; 577 (a),
(b), 509, 510.

German marks, transactions in, 103, 74; 582 (1), 512.
In isolated case not derived from trade or business,
403 (a)-(c), 334.

Insurance stock, income from sale of, 52 (b), 39.
Interest received, 533 (i), 479.

Interest, taxability to bondholder, 492, 458.
Interest, taxability when paid in cash, 490, 458.

Legal tender, requirement that income be measured
in, 511, 464; 580 (m), 510.

Lessor, when building is constructed by lessee, 106
(c), 76.

Lessor corporation, when dividends are paid directly
by lessee, 112, 78; 533 (e), 479.
Liquidating dividend, final, 113 (f), 78.

Money embezzled, 111 (a), 77.

Municipal bonds, interest on, 520, 471; 573 (a), 508.
Net loss in 1920, 57, 42.

Nonresident alien, from property owned in U. S.,
81, 61.

Non-taxable property, as measure of, 526 (b), 477;
580 (b), 510.

Outlawed obligations, taxability to debtor, 533 (1),

479.

Partners, taxability as to dividends, 162, 130.
Partnership, 381 (a), 319.

Partnership, for excess-profits tax, 381 (b), 319.
Proceeds of insurance policy, 119 (a), (b), 120 (a),
(b), 81; 582 (j), 512.

Profits not received, because embezzled, 105, 76.
Railway company in receivership, 292 (a), (b), 233;
582 (h), 512.

Realty or personalty taxability before Sixteenth
Amendment, 520, 471; 573 (a), 508.

Received for services rendered prior to, not derived
from trade or business of taxable year, 403 (d),
334.

Rentals paid to terminal company, 111 (c), 77.
Reorganization, 17 (e), 10; 106 (d), (e), 76; 107

(b), 76; 107 (g), 77; 113 (c), 78; 113 (i), (j), 79.
Royalties, taxability to lessor, 533 (ƒ), 479.

Salary account credited after March 1, 1913, for over-
draft prior to that date, 108, 77.

Salaries of officers and employees, 385 (b), (c), 323.
Sale of property acquired before March 1, 1913, 41,
28; 50 (a), (b), 36, 37; 52 (b), 39.
Scrip dividend, 502, 463.

State municipality, 509, 463.

Stock dividend, sale of, 42 (b), (c), 28, 29.
Stock dividends, 533 (r), 480; 507, 463.

Stock dividends declared from surplus accrued after
March 1, 1913, 22, 11; 582 (a), 511.

Stock dividends declared from surplus accrued prior
to March 1, 1913, 113 (g), 78; 582 (e), 511.
Stock rights, income from, 102, 74.
Stockholder, liquidating dividend, 113 (f), 78.
Stockholder on reorganization and issue of new stock,
113 (c), 78.

Stockholder on stock received from new corporation
created from surplus of old, 113 (i), 79.
Stockholder, undivided profit of corporation, 488, 455.
Stock subscription right, sale of, 102, 74; 104 (b), 75.
Tax Act of 1918, character of, 77 (c), 61.
Tax, not an excise tax, 575 (e), 509.

Tax of 72% on income in highest bracket, constitu-
tionality, 580 (u), 511.

Tax withheld, 104 (a), 75; 111 (d), 77; 185, 148.
Trust, created to lessen tax, 170, 135.

Trustee, when charitable institution is beneficiary,
230, 231, 184.

Validity of measure of income in legal tender, 511,
464; 580 (m), 510.

INCURRED IN TRADE-

Losses, 126 (c), (d), 91; 133 (a), (b), 94, 95.
INJUNCTION—

Against trust company from delivering collateral of
taxpayer to collector, 562 (z), 503.

Against voluntary making of return and payment of
tax, 562 (y), 503.

To enjoin collection of tax, 562 (f), 501; 562 (g)-
(i), (k), (l), (n), (8), 502; 562 (y), 503.

To enjoin collection of tax after statutory period,
351 (b)-(f), 293, 294; 562 (g), (r), 502; 562 (v)-
(x), 503.

To enjoin collection of tax before due, 562 (0), 502.
To enjoin collection of tax when no hearing granted,
562 (m), 502.

To enjoin collection of penalty, 562 (q), 502; 562
(u) 502.

To enjoin collector from examining books of taxpayer,
562 (t), 502.

To enjoin sale of property by collector to satisfy
another's taxes, 562 (p), 502.

INSURANCE-

Constitutionality including in gross estate proceeds of
insurance policy payable to another, 433, 354.
INSURANCE COMPANIES

Deductibility of reserves by, 268 (a), (b), 204, 205;
538 (a)-(c), 481.

Depreciation on securities owned by, 536 (d), 480.
Net additions to reserve funds, 267, 204.

"So-called" dividends excluded from gross income of,
269, 205; 537, 481.

INTEREST-

Accrued and due prior to March 1, 1913, taxability,
107 (e), 77.

Bondholder, taxability to, 492, 458.

Deductibility, 254 (a), 255, 256, 193.

Deductibility of, limitation, 539 (b), (e), (g), 481.
Funded in mortgage bonds, taxability, 490, 458.
Gross income, to include, 533 (i), 479.

Limitation in amount deductible, constitutionality,
254 (b), 193; 539 (a), 481; 580 (c), (d), 510.

On debenture bonds, 540, 481.

On investment as part of cost, 106 (a), 76; 533 (j),
479.

On judgment, 564 (s), 504.

Paid in cash, 490, 458.

Received, 533 (i), 479.

Recoverable in suit, 564 (c), 503.

Recoverable in suit against collector, 564 (n), 504.
Suit for additional, after acceptance of refund, 480,
420; 564 (r), 504.

INTERNAL REVENUE AGENT-

Witnesses compelled to testify before, 472, 406.
INVESTED CAPITAL-

Appreciation in value of assets, 397 (d), 330.

Assets constituting a substantial, 404 (b), 334; 404
(g), 335; 405, 336.

Assets constituting no, 404 (b), 334; 404 (e), 335.
Based on cost, 397 (f), 331.

Earned surplus and undivided profits, 399, 331.
Excludes borrowed money, 404 (ƒ), 335.

Legal reserve included in, 397 (e), 331; 400, 333.
Limitations on, constitutionality, 397 (c), 330; 580
(f), 510.

Partnership, partner's property pledged for loan of,
397 (b), 330; 401, 333.
Patents, 397 (a), 330.

Statutory definition binding on courts, 397 (g), 331.

JOINT ESTATE-

J

Created prior to passage of Estate Tax Act of 1916,
431 (b), 353.

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LIEN FOR TAX-

Assessment prerequisite to, 510, 464.

Attaches after demand by collector, 559 (b), 497.
Dependent upon statute, 559 (a), 497.

Estate Tax Act becomes lien at death, 419 (a), 346.
LIFE INSURANCE-

Constitutionality including in gross estate proceeds
payable to another, 573 (b), 508.

Proceeds of policy on life of officer, taxability to
corporation, 119 (a), (b), 81; 120 (a), (b), 81.
LIMITATION-

Amount of interest deductible, 254 (b), 193; 539
(a), (g), 481; 580 (c), (d), 510.

Invested capital, 397 (c), 330; 580 (f), 510.
LIMITATION OF ACTIONS—

66

See Statute of Limitations."

LIQUIDATING DIVIDEND—
Taxability of final, 113 (f), 78.
LIQUIDATION—

Of corporation, income to stockholders, 106 (e), 107
(b), 76; 107 (g), 77.

LODGE SYSTEM-

Association operating under, exemption, 224, 182.
LOSS OR GAIN-

Construction of Sec. 202, Act of 1918, 41, 28.

In reorganization, 106 (e), 107 (b), 76; 107 (9), 77;
113 (c), 78; 113 (i), (j), 79.

Losses incurred in trade, 133 (a), (b), 94, 95.
Losses from sale of capital assets, 115, 79; 535, 480.
Property purchased prior to March 1, 1913, 50 (a),
36; 52 (b), 39.

Sale of certificates of stock which can be identified,
42 (a), 28.

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79.

Dividends paid from earnings accrued before, 17 (d),
10; 28, 13; 113 (k), (l), 79.

Effect of value on, in determining depletion deduc-
tion, 226 (a), (b), 183.

Evidence of value of, 51, 38; 52 (a), (b), 38, 39.
Income accrued before, 41, 28; 107 (d), (e), 77; 582
(h), (i), 512.

Materiality of value on, for determining deductible
loss, 41, 28; 261, 197.

Sale of property purchased prior to, 50 (a), (b), 36,
37; 52 (b), 39.

MARRIAGE SETTLEMENT-

Property transferred under, as part of gross estate,
426 (a), 350.

MATERIAL PART-

Of estate, 430, 352.

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Advanced to subsidiary, 534 (i), 480.
MUNICIPAL BONDS-

Included in gross estate, 422 (c), 348.

Income derived from, taxability, 520, 471; 573 (a),
508.

MUNITIONS MANUFACTURERS' TAX-
Disposition of articles under, 552, 489.
Effect of Sec. 214, Act of 1917, 551 (b), 489.
Machine gun belts a part of gun, 549 (b), 489.
Persons subject to, 549 (a), 489; 553, 490.
Running expenses, 553, 490.

Wet picric acid an explosive, 550, 489.

MUTUAL FIRE INSURANCE COMPANY-
Definition, 271, 206.

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NONRESIDENT CITIZEN-

Constitutionality of tax on income of, derived from
foreign sources, 574 (e), 509.

Taxability on income derived from foreign sources,
73 (a), (b), 60, 61.

NON-TAXABLE PROPERTY-

Tax measured by income from, 528, 478.
NORMAL TAX-

Personal exemption limited to, 151, 117.
NOTICE-

Mailing of, presumptive receipt, 544, 484.

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Of U. S. can't waive prohibition of Sec. 3224, R. S.,
562 (j), 502.

OFFICERS AND EMPLOYEES-

Of state or subdivision, what constitute, 385 (a), 323.
Of state, taxability of compensation of, 385 (b), (c),
323.

OUTLAWED OBLIGATIONS

Income to debtor, 533 (1), 479.

ORGANIZATION-

Change in form of to lessen tax, 170, 135.
ORGANIZED FOR PROFIT-

Corporation, 527 (j), 478.

ORGANIZED-

"No matter how created or, as to corporations," etc.,
218 (a), 178.

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PARTNERSHIP-

Association distinguished from, 213 (a), 176; 215
(a), 177.

Bankrupt, priority of claim of U. S. for individual
income taxes of partners over partnership creditors,
161, 128; 569 (a), 507; 570, 507.
Capital not employed by, 404 (a), 334.

Income for excess-profits tax, 381 (b), 319.

Income of, taxability, 381 (a), 319.

Partner's property pledged for loan of, as invested
capital, 397 (b), 330; 401, 333.

Taxable as joint stock association, 523 (b), 476.
PATENTS-

Invested capital, 397 (a), 330.

PAYMENT_

By check, 481, 422.

Of estate taxes with Liberty Loan Bonds, 452, 374.
Voluntary and without protest, suit to recover, 566
(b)-(h), 506.

PENALTY-

Applies to failure to file excess-profits tax return,
557 (b), 496.

Attitude of courts in imposing, 558 (b), 496.
For false amended" return, 374, 312.

Fraud not necessary in imposing, 557 (a), 496.
Recoverable in suit, 564 (c), 503.

Suit to enjoin collection of, 562 (q), (s), (u), 502.
PERSONALTY—

Tax on income from, before Sixteenth Amendment,
520, 471; 573 (a), 508.

PERSONAL EXEMPTION-

Limited to normal tax, 151, 117.

PHILIPPINE ISLANDS-

Citizen of U. S. residing in, 80, 61; 193, 158.
PICRIC ACID-

An explosive under munitions tax, 550, 489.
PORTO RICO-

Constitutionality of tax on income of domestic cor-
poration derived from, 580 (t), 511.
Taxability of U. S. corporations deriving income
from, 213 (b)-(e), 177; 325 (a), (b), 266, 267.
POWER OF APPOINTMENT—

See "Appointment"; "Estate Tax."
PREMIUMS ON BONDS-

Amortization of, as depreciation, 536 (c), 480; 539
(b), 481.

PRESUMPTION—

As to validity of assessment, 564 (aa), 505.
PRIORITY-

Federal taxes in bankruptcy, 569 (b), (c), 507; 572
(b), (c), 508.

Partnership creditors over partners' individual in-
come taxes, 161, 128; 569 (a), 507; 570, 507.
PRIVATE STOCKHOLDER-

Definition, 233, 185; 532, 479.
PROCEEDS-

Life insurance policy on life of officer, taxability to
corporation, 119 (a), (b), 81; 120 (a), (b), 81.
PROCEEDING-

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RATES-

Progressive, constitutionality, 87, 63; 580 (j), 510.
REALTY-

Tax on income from, before Sixteenth Amendment,
520, 471; 573 (a), 508.

RECEIVERS-

Bill to enjoin collection, 562 (c), 501.

Operating railway, taxability, 292 (a), (b), 233.
RECEIVERSHIP-

Constitutionality of act taxing income earned during,
582 (k), 512.

Corporation in, taxability, 211 (a), 176; 522, 476.
U. S. not required to file claim for taxes prior to end
of taxable year, 572 (e), (g), 508.

Where U. S. moving party, receiver not bound by
Secs. 3224 and 3226 R. S., 564 (x), 505.
REFUND-

After acceptance of, suit for additional interest, 480,
420; 564 (r), 504.

Claim for, effect on statute of limitations against
suit, 564 (ee), 505.

Claim for, not dependent upon protest, 366, 305.
Claim for, prerequisite to suit, 564 (a), (b), 503.
Statute of limitations on claim for, 567, 506.
Suit, understatement of tax, 563 (b), 503.

Suit for, protest on payment of tax, 564 (g), (h), 504.
Suit for, statute of limitations on, 564 (i), 504.
Suit to recover, 564 (c)-(f), 503, 504.
REGULATIONS

Congress deemed to have adopted construction, in
enacting subsequent act, 470 (a), 404.
Delegation of authority to make, constitutionality,
190, 156; 574 (d), 509.

Effect of, in construction of act, 470 (a)-(e), 404, 405.
RELIGIOUS INSTITUTION—

Exemption of, 228, 184; 232 (a), 184.
RENTALS-

Paid to terminal company as income, 111 (c), 77.
REORGANIZATION-

Income arising from, 17 (e), 10; 106 (d), (e), 76;
107 (b), 76; 107 (g), 77; 113 (c), 78; 113 (i),
(j), 79.

Income to corporation in case of, 533 (q), 480.
REPLACEMENT-

Furniture and equipment, deduction as expense, 534
(a), 480.

RESERVES OF INSURANCE COMPANIES-
Deductibility, 268 (a), (b), 204, 205; 538 (a)-(c), 481.
RESTRAINING-

Definition, 562 (i), 502.
RETROACTIVITY—

Change in accounting methods, 96, 72.

Estate Tax Act, 423 (e), 424, 426 (b), 427 (a), (b),
350; 431 (a), (b), 352, 353.

Revenue law, constitutionality, 85, 62; 92, 68; 198,
164; 518, 471; 580 (a), (g), 510; 580 (w), 511.
RETURNS-

Amended, effect upon statute of limitations, 564 (i),
504.

Amended, mandamus against commissioner to compel
acceptance of, 98, 74.

"Amended, penalty for false, 374, 312.
Corporation, 542 (b), 483.

Executor, where testator dies between March 1, 1913,
and passage of Act of 1913, 201, 167.

Failure to file due to reasonable cause, 558 (a), 496.
Filing of, without notice from collector, 558 (a), 496.
Fraud not prerequisite to imposition of penalty for
failure to file, 557 (a), 496.

Penalty for failure to file applies to excess-profits
tax return, 557 (b), 496.

Requirement for, constitutionality, 542 (a), 483; 579,
510.

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Credited after March 1, 1913, for overdraft made
prior to said date, 108, 77.

Deductibility when fixed by board of directors, 534
(d), 480.

Deductibility when based on stock-holdings, 534 (b),
(d), 480.

Federal judges, taxability, 110, 77; 578, 510.
State judges, taxability, 495, 459; 574 (c), 509.
Unpaid because bankrupt, deductibility, 250, 192.
SALE OF TAXPAYER'S PROPERTY—

Suit to set aside, prohibited, 562 (i), 502.
SAVINGS BANK-

Dividends, taxability to, 499, 462.

Undistributed profits, taxability to, 498, 462.

SCRIP DIVIDEND-

Taxability, 502, 463.
SECURITIES-

Depreciation on, 536 (d), 480.
SIXTEENTH AMENDMENT-

Definition of income within meaning of, 107 (c), 76;
582 (d), 511.

Effect of, 76, 77 (b), 79, 61; 581 (a)-(c), 511.
Income from transactions in German marks, 103, 74;
582 (1), 512.

Proceeds of insurance policy not income within mean-
ing of, 582 (j), 512.

"SO-CALLED" DIVIDENDS-

Excluded from gross income of insurance companies,
269, 205; 537, 481.

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STATUTE OF LIMITATIONS-Continued.
Injunction to enjoin collection of tax after expiration
of, 351 (a)-(f), 293, 294.

Not binding on U. S. in bankruptcy, 571, 507.
Suit must be begun within statutory period, 564 (ff),
505.

Suit to recover taxes erroneously paid, 564 (i), 504.
Summary procedure, 564 (a), (b), 503.

STATUTORY DEFINITION—

Of invested capital binding on courts, 397 (f), 331.

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STOCK DIVIDENDS-

Cost determination of, 42 (c), 29.

Debenture bonds, distinguished from, 17 (b), 10.
Declared from surplus accrued after March 1, 1913,
22, 11; 582 (a), 511.

Declared from surplus accrued prior to March 1, 1913,
113 (g), 78; 582 (e), 511.

In reorganization, 17 (e), 10; 106 (d), 76.
Loss or gain on sale of, 42 (b), (c), 28, 29.
Taxability, 507, 463; 533 (r), 480.

STOCKHOLDER-

Bill by, to enjoin collection, 562 (d), 501.

Dividends declared from surplus accrued prior to
January 1, 1909, as income to, 533 (k), 479.
Final liquidating dividend as income to, 113 (f), 78.
Income resulting from liquidation of corporation, 106
(e), 107 (b), 76; 107 (g), 77.

Liability for tax after liquidation, 210 (c), 176.
Liability of retired stockholder for income taxes of
corporation, 334, 282.

Liability of stockholders for taxes assessed after dis-
solution, 334, 282.

Liquidating dividend, taxability, 113 (f), 78.
Private, definition, 233, 185; 532, 479.

Release by, of debts to corporation, 533 (p), 479.
Reorganization and issue of new stock, as income to,
113 (c), 78.

Stock dividends as income to, 507, 463; 533 (r), 480.
Stock in new corporation created from surplus of old,
as income to, 113 (i), 79.

Undivided profits of corporation, as income to, 488,
455; 504, 463.

STOCKHOLDERS' ACCOUNTS—

Dividends left in business, as invested capital, 399,
331.

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SUCCESSION TAX-

Deductibility, 131, 93.

SUCCESSOR OF COLLECTOR-

Suit against, not maintainable, 564 (j), (k), 504.
SUIT-

Against collector, a personal action, 564 (j)-(m),

504.

Against collector, effect of Sec. 252 on, 361, 303.
Against collector, interest and costs recoverable, 564
(n), 504.

Against collector, maintainable to recover taxes il-
legally collected, 564 (cc), 505.

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