Holmes and Brewster's Federal Tax Appeals

Pirmais vāks
J. Byrne & Company, 1927 - 944 lappuses

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Saturs

Senate Bill
72
Conference Committee Bill
85
IV
97
Introductory
98
d Rights of Transferees and Fiduciaries
105
h Form of Designating Parties in Petition
111
Second Notice of Final Determination
124
Years and Revenue Acts as to which Board May Take
130
Jurisdiction under Revenue Act of 1924 of Deficiencies
136
Jeopardy Assessments under Revenue Act of 1926
143
No Jurisdiction of Years Where Overpayments Deter
149
Frivolous Appeals
156
General Powers of the Board
157
CHAPTER V
158
Admission to Practice
159
Business Hours
161
Form and Style of Papers
162
Appearances
166
Docket
167
Answer of Commissioner
168
Service of Answer on Petitioner
169
Joinder of Issue
170
Calendars
171
Consolidation of Cases for Hearing
172
Extensions of Time
173
Defaults by Commissioner
174
Submission Without Argument
176
Settlement of Final Determination
177
75 Interlocutory Matters
178
Depositions
182
Stipulations
186
Bills of Discovery
187
CHAPTER VI
191
Procedure at Trial
193
78 Calling of the Case
195
Order of Proceedings at Hearing
196
Opening for Petitioner
197
b The Nature of the Adjustment Underlying the Determinations
198
Competency of Witnesses
200
Resting Case
206
94 Requests for Findings of Fact
212
Evidence
214
Law of Evidence and Evidence Defined
223
Procedure After Trial
225
B BURDEN OF PROOF
229
Correctness of Taxpayers Books
235
Administrative Proclamations Regulations and Reports
238
Admissions by Former Owners of Personal Property
248
Constructive Admissions
260
Qualifications and Exceptions to Hearsay Rule
264
Refreshing Recollection by Use of Memorandum Etc
284
G OPINIONS
291
General
295
Judicial Records and Proceedings
303
Ancient Documents
309
Admissions Made in Writings
318
Motions Subsequent to Trial
322
The Boards Decision
330
Findings of Fact
336
Public Records and Publication
348
CHAPTER XI
350
IX
353
Introductory
354
Parties Plaintiff
360
Parties Defendant
361
Abatement and Revivor
362
187 Procedure Follows that of State Courts
363
Caption
364
Service of Summons
365
Proof of Service
366
196 Demurrers
367
Amendment of Process and Pleadings
368
The Jury
370
205 Evidence
372
Judicial Notice
373
Records
374
Judgments
389
224 Interest
391
Costs
392
B ACTIONS AGAINST THE UNITED STATES 226 Jurisdiction
393
Venue
394
Parties Defendant
395
Summons
396
Costs
397
X
399
Introductory
400
Jurisdiction
401
Parties Plaintiff
402
Parties Defendant
405
Process
406
Amendments to Petition
407
Pleadings by Defendants
408
Further Pleading by Claimant
409
Death of Claimant
410
Documentary Evidence
412
Forfeiture for Fraud
413
Claimants Request for Findings of Fact and Briefs
414
The Calendar
415
Neglected Cases
416
273 Submission without Argument
417
New Trials
418
Findings of Fact
419
Interest
420
280 Effect of Payment of Judgment
421
XI
422
The Circuit Courts of Appeals
423
Times and Places of Hearings
424
Court Rules
425
Admission to Practice
426
Suits for Recovery of Taxes Paid are not Reviews
427
A REVIEW OF DECISIONS OF BOARD OF TAX APPEALS 287 Decisions Reviewable Classification by Reference to Time of Filing or Hearing
428
Nature of Reviewable Decisions
430
289 Jurisdiction to Review
431
290 Venue
433
Stay of Collection Pending Review
434
Special Rules for Review
435
Time Within Which Review May Be Instituted
438
296 Method of Instituting Review
439
298 Statement of the Evidence
440
Transmission of Record
442
302 Entering Appearances
443
305 Dismissals
444
Briefs
445
307 Day Calendars
446
310 Decision and Mandate
447
312 Fees and Costs
448
313 Special Procedure in Court of Appeals of the District of Columbia
449
314 Review of Board Decisions by Writ of Error
453
316 Judgments Reviewable
454
317 Venue
455
Bond
456
Assignments of Error
457
Writ of Error
458
The Return to the Writ
459
327 Transmission of Original Papers
461
Fees and Costs
462
CHAPTER XII
464
332 The Supreme Court
465
Jurisdiction
466
336 When Certiorari will be Granted 407
467
Time Within Which Application must be made
468
339 PartiesDeath of Party
469
Brief on Application
470
Submission of Petition
471
Part
472
Motions to Advance
473
Defaults
474
Briefs
475
Fees and Costs
476
Page
479
INDEXES
618
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Populāri fragmenti

365. lappuse - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
352. lappuse - Court orders a rehearing; or if the case is remanded by the circuit court of appeals to the Commission for a rehearing, and if (1) the time allowed for filing a petition for certiorari has expired, and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the Commission...
574. lappuse - Upon the adjudication of bankruptcy of any taxpayer in any bankruptcy proceeding or the appointment of a receiver for any taxpayer in any receivership proceeding before any court of the United States or of any State or Territory or of the District of Columbia, any deficiency (together with all interest, additional amounts, or additions to the tax provided for by law...
611. lappuse - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
631. lappuse - That in any suit, action, or proceeding brought by or on behalf of the United States subpoenas for witnesses who are required to attend a court of the United States in any judicial district in any case, civil or criminal, arising under the antitrust laws may run into any other district...
552. lappuse - Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
612. lappuse - Aliens who are citizens or subjects of any government which accords to citizens of the United States the right to prosecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject matter and character, might take jurisdiction.
493. lappuse - Commission shall name the witness whose deposition is to be taken and specify the time when, the place where, and the...
572. lappuse - ... if as a result of such waiver any part of the amount covered by the bond is paid, then the bond shall, at the request of the taxpayer, be proportionately reduced.
226. lappuse - The inquiry of a board of the character of the Interstate Commerce Commission should not be too narrowly constrained by technical rules as to the admissibility of proof. Its function is largely one of investigation and it should not be hampered in making inquiry pertaining to interstate commerce by those narrow rules which prevail in trials at common law where a strict correspondence is required between allegation and proof.

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