American grounds in the city of Buffalo, you are hereby advised that in the opinion of this office the patrons of this railway pay their money for the ride on the cars, and that, therefore, this is not to be considered an exhibition or show for money within the meaning of the eighth paragraph of section 2 of the act of June 13, 1898, notwithstanding the fact that, in the course of the ride on these cars, the passengers see panoramic views, as indicated in the advertisement which accompanies your letter. Respectfully, ROBT. WILLIAMS, Jr., Acting Commissioner. Mr. A. D. SANDERS, Collector Twenty-eighth District, Rochester, N. Y. (359.) Redemption of documentary stamps. Banks or stationers can not make claims for the redemption of documentary stamps belonging to customers or others, but may purchase such stamps and make claims in their own names. TREASURY DEPARTMENT, OFFICE OF COMMISSIONER OF INTERNAL REVENUE, Washington, D. C., June 18, 1901. SIR: Replying to your letter of the 14th instant, asking if banks or stationers can make claim as general agents for their customers for the redemption of imprinted stamps purchased from them, you are advised that as stationers or the officers of banks can not generally make affidavit that their customers are not indebted to the United States; that they are the bona fide owners of the stamps presented for redemption, or such other facts as are necessary to the support of claims, they can not be recognized as duly qualified agents for the presentation of claims for their customers. Banks or stationers may, however, purchase imprinted stamps which they procured and sold to their customers, and, as the bona fide owners thereof, present claims in their own names for the redemption of such stamps without regard to the number purchased from each customer. In all cases where claims are made by banks or stationers for the redemption of stamps thus purchased, it will be necessary, in addition to evidence now required in support of claims, for each claim to be accompanied by a certificate duly signed by the party from whom the stamps were purchased setting forth the absolute sale and transfer of said stamps to the claimant. Also a schedule prepared by the claimant showing, as to the stamps purchased from each customer, the name of the person from whom the stamps were purchased, the date of order upon which they were imprinted, in whose favor the order was issued, the name of the collector who issued the same and of the contractor who imprinted the stamps, and the number of stamps contained therein. Any number of such purchases may be covered by one claim, but each lot of stamps purchased from a customer should be wrapped separately and the package so marked that it can be identified on the schedule and by the certificate of sale, and all the stamps covered by one claim should be placed together in one package and be marked for identification and forwarded as in other cases. Respectfully, J. W. YERKES, Commissioner. Mr. H. C. H. HEROLD, Collector Fifth District, Newark, N. J. (360.) Changes in records. Revised internal-revenue records relating to the sale of stamps for beer, cigars, cigarettes, tobacco, and snuff, and special taxes. TREASURY DEPARTMENT, OFFICE OF COMMISSIONER OF INTERNAL REVENUE, To collectors of internal revenue : Washington, D. C., June 18, 1901. The act of March 2, 1901, imposes new rates of tax on beer, cigars, and cigarettes, and allows a discount to manufacturers on all sales of tobacco and snuff stamps; and it is important that proper changes be made in records Nos. 3, 5, 6, and 7, relating to the sale of stamps for payment of tax on beer, cigars, cigarettes, snuff, and tobacco, to meet the changes in the law, which takes effect on and after the 1st day of July, 1901. The revised records have not been printed. Therefore collectors will be expected to make use of the present records by changing the headings when necessary to show the actual change in rate or amount of money received on sale of stamps. Collectors making requisition for above-enumerated records will be supplied with the present form of record until the office supplies are exhausted, although such instructions are contrary to office letter dated 3d instant, which is modified in this respect. Record No. 3 can be continued by striking out the present rates and inserting in lieu thereof the new rate of tax, $1.60 per barrel, and pro portionate rates for the fractional parts of a barrel, authorized by law. There being no discount allowed on sales of stamps for beer on and after July 1, the column headed "7 per cent discount" will not be used. Record No. 5 will be changed by inserting under the several headings the different rates of tax on cigars and cigarettes, as set forth in the regulations, No. 8, supplement No. 2, page 4. The column now reserved for cigarette stamps at $3.60 per thousand may be used for recording sales of stamps for cigarettes valued at $2 or less per thousand, tax paid at 54 cents per thousand, provided that no large cigarettes are manufac tured in the district. The last column on record No. 6, headed "Value," and relating to daily sales of snuff stamps, should be changed to read "Amount col lected." This will be the amount of money actually paid by manufacturers after allowing a discount of 20 per cent on sales. Record No. 7 must be so amended as to show the sales of stamps of the denominations of 2 ounces, 3 ounces, and 4 ounces, respectively, in addition to the sales of tobacco stamps of other denominations. The last column, headed "Value," should be changed to read "Amount collected." This will be the amount of sales, less the discount of 20 per cent allowed to manufacturers. Record No. 8, showing sales of special-tax stamps, should be changed by striking out the following: "Commercial Brokers, $20," and inserting in lieu thereof "Dealers in grain, securities, etc., $50," in accordance with the schedule of special taxes, dated 3d instant, published in TREASURY DECISIONS, internal-revenue ruling 352. As stationers or the officers of banks can not generally make affidavit that their customers are not indebted to the United States, that they are the bona fide owners of the stamps presented for redemption, or to such other facts as are necessary to the support of claims, they can not be recognized as duly qualified agents for the presentation of claims for their customers. Banks or stationers may, however, purchase imprinted stamps which they procured and sold to their customers, and, as the bona fide owners thereof, present claims in their own names for the redemption of such stamps without regard to the number purchased from each customer. In all cases where claims are made by banks or stationers for the redemption of stamps thus purchased, it will be necessary, in addition to evidence now required in support of claims, for each claim to be accompanied by a certificate duly signed by the party from whom the stamps were purchased, setting forth the absolute sale and transfer of said stamps to the claimant; also a schedule prepared by the claimant showing, as to the stamps purchased from each customer, the name of the person from whom the stamps were purchased, the date of order upon which they were imprinted, in whose favor the order was issued, the name of the collector who issued the same, and of the contractor who imprinted the stamps, and the number of stamps in each lot purchased. Any number of such purchases may be covered by one claim, but each lot of stamps purchased from a customer should be wrapped separately and the package so marked that it can be identified on the schedule and by the certificate of sale, and all the stamps covered by one claim should be placed together in one package and be marked for identification and forwarded as in other cases. Stamped checks may, when it is desirable, be detached from the books and forwarded with the claims for the redemption of the stamps thereon and the stubs be retained by the owners. Adhesive documentary and proprietary, or other revenue stamps, should not be included in or presented with claims for the redemption of imprinted documentary stamps. (362.) J. W. YERKES, Commissioner. Stamp tax-Mortgages. Stamp tax on mortgages offered for record on and after July 1, 1901. OFFICE OF COMMISSIONER OF INTERNAL REVENUE, Washington, D. C., June 19, 1901. SIR: I have to acknowledge the receipt of your letter of the 14th instant, in which you state that it has come to the notice of your office that a number of mortgages are being held to be recorded after the law repealing the tax goes into effect. You ask for the opinion of this office as to whether a mortgage dated in June, but not recorded until after July 1, 1901, is subject to the stamp tax under the act of June 13, 1898. In reply, you are advised that the date of recording of a mortgage does not decide the question of its taxability. A mortgage, as between the parties, takes effect from the date of its delivery to the mortgagee or his agent, at which time it is issued, and the stamp tax accrues under the law. The date of a mortgage will be assumed to be the date of delivery unless the contrary is proved. Respectfully, J. W. YERKES, Commissioner. Mr. EDWARD B. JORDAN, Collector Internal Revenue, Brooklyn, N. Y. (363.) Rebate on tobacco. If the packages of tobacco are of irregular size, and the net weight includes pounds and fractions of a pound, they should be inventoried in columns 9 and 12, on Form 481, the fractions being written opposite the proper number of pounds printed on the form. TREASURY DEPARTMENT, OFFICE OF COMMISSIONER OF INTERNAL REVENUE, Washington, D. C., June 21, 1901. GENTLEMEN: Replying to your letter dated the 18th instant, relating to the inventory on Form 481 of irregular packages of tobacco, the net weight of which includes pounds and fractions of a pound, you are advised that such packages can be inventoried according to their classifications in columns 9 and 12, ranging from 6 pounds to 60 pounds. Fractions will be expressed and written opposite the regular number of pounds printed in said columns. The claim will then show the net weight of each package, the number of packages, and the number of pounds upon which rebate will be allowed. Respectfully, J. W. YERKES, Commissioner. Messrs. JOHN P. PLEASANTS' SONS, Baltimore, Md. (364.) Stamp tax-Conveyances. Stamp tax on conveyances of realty offered for record on and after July 1, 1901. TREASURY DEPARTMENT, OFFICE OF COMMISSIONER OF INTERNAL REVENUE, Washington, D. C., June 21, 1901. SIR: I have to acknowledge the receipt of your letter of the 14th instant, in which you ask to be informed what changes have been made in the revenue law to take effect July 1, 1901, affecting deeds and mortgages, and you further ask if a deed executed prior to July 1, having no stamp attached, is presented for record after July 1, will it require to be stamped before recording. You are informed in reply to your letter that the stamp tax on mortgages has been entirely repealed to take effect on and after July 1, 1901, but the tax on conveyances of real property has been retained with some modifications as to rate of tax and amount exempted from tax. The amended law relative to conveyances of realty, to take effect July 1, proximo, is as follows: Conveyance: Deed, instrument, or writing, whereby any lands, tenements, or other realty shall be sold, granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers, or any other person or persons, by his, her, or their direction, when the consideration or value exceeds twenty-five hundred dollars and does not exceed three thousand dollars, twenty-five cents, and for each additional five bundred dollars or fractional part thereof in excess of three thousand dollars, twentyfive cents. If a deed conveying realty executed and delivered prior to July 1, 1901, is presented for record after said date it will require a revenue stamp to be attached, according to the law now in force, before the same can be recorded. The date of execution of a conveyance of real property will be premed to be the date of delivery, unless the contrary is proved. Respectfully, Mr. C. S. ERWIN, Louisville, Ill. J. W. YERKES, Commissioner. |