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UNITED STATES CIRCUIT COURT, SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION.— No. 5375.

William L. Snyder, executor of David L. Snyder, deceased, plaintiff, v. Bernhard Bettmann, collector, defendant.

[On demurrer to amended petition.]

David L. Snyder bequeathed to the city of Springfield, Ohio, $200,000 in United States Government bonds, "in trust to manage and invest the principal thereof in such manner as the laws of Ohio direct, or might direct, in case of guardian or minors, and to use and expend the net income arising from said trust, in the maintenance, improvement, and beautifying of the public park of said city known as Snyder Park, including any extensions thereof which said city might otherwise acquire."

The defendant, Bernhard Bettmann, as collector of internal revenue for the first district of Ohio, collected from the plaiutiff, the executor of David L. Snyder, because of this bequest, an inheritance tax under the war-revenue law of 1898, and which the executor paid under protest, and afterwards applied to the Commissioner of Internal Revenue to have refunded; but the Commissioner of Internal Revenue refused the application, and this action is now brought to recover the amount of said tax, upon the ground that the law which authorized its levy and collection is in contravention of the Constitution of the United States.

It is urged, in substance, that the legacy is property of the city of Springfield, devoted to the legitimate purposes of municipal government, and, therefore, nontaxable. But in view of the Supreme Court of the United States, as expressed in Knowlton v. Moore (178 U. S., 41), Plummer v. Coler (ibid., 115), Murdock v. Ward (ibid., 139), the tax is not levied upon the legacy, but upon the right to transmit the legacy from the deceased to the city of Springfield, through the agencies provided by the laws of Ohio, and it does not become the property of the city of Springfield until this toll or tax is taken out during the process of transmission. A tax has not been levied upon the property either as the property of the estate of David L. Snyder or as the property of the city of Springfield, but a duty or charge has been levied upon the estate of David L. Snyder for the privilege of transmitting the property to the city of Springfield. This right or privilege of transmission is a subject of taxation within the reach of either the National or State government. (Knowlton ". Moore, 178 U. S., 58, et seq.)

The case of the United States v. Railroad Company (17 Wall., 322) does not support the contention of the plaintiff because the subject of taxation there was an investmen which the city of Baltimore had duly made in pursuance of the laws of the State of Maryland.

The demurrer will be sustained and the petition dismissed at plaintiff's costs.

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Income, and additions subsequent to death of testator not subject to legacy

tax

Dept. No.

280

388

...........

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Adopted child considered as a stranger in blood to foster parent; legacy tax...

437

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Agreement to sell, calls, stamp tax; decision of United States Supreme Court..
Alleys, bowling, special tax..

338

261

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Assessment of taxes, reporting special-tax payers for, and revising circular 410..
Assignees and receivers, special tax.

272

316

Assignment of storekeepers and storekeeper-gaugers, unlawful..

306

Assignments of claims and transfers, when null and void..................

276

Associations:

Building and loan, stamp tax on....

285

Proxies or powers of attorney, stamp tax on ....

270

Attorney-General, opinion of; capital and surplus of banks
Attorney, powers of, or proxies, stamp tax on

262

270

Attorneys:

District, instructions as to collection of judgments..

348

United States, notification of indictment of internal-revenue officers

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Banks and stationers' documentary stamps, redemption of...

Bay rum from Porto Rico subject to tax as distilled spirits.

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283

440

446

262

401, 402

453

361

446

293, 401, 402

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Dept. No.

Beneficial interest, tax on clear value.......
Billiard and pool tables, special tax.

Bills of exchange, foreign, stamp tax on..
Bills of lading, export:

Claims for refund.....

Refund of tax paid on........

Stamp tax on, declared unconstitutional by Supreme Court................

Stamp tax on, unconstitutional; decision of United States Supreme Court..
Stamp tax, unconstitutional; rehearing before United States Supreme
Court asked for.......

Bonds:

Contractors', for public works, stamp tax.......
Executors' and administrators', stamp tax.......
Notaries, public, etc., exempt from stamp tax
Stamp tax on, construction of statute.

Stamp tax on, in legal proceedings, under act of March 2, 1901.
Stamp tax on; time of taking effect.

Stamp tax on, under act of March 2, 1901

State officers', stamp tax......

Used in Internal Revenue Service, requirements as to stamp tax..
Used in transfers to general bonded warehouses, regulations concerning...
Book of account of brokers, loose sheets can not be substituted for.......
Bottled beer, brewer's sales of, special tax........

Bottles containing wine for sale over a bar or otherwise, stamp tax.
Bowling alleys, special tax............

349

301

385

355

333, 452

328

339

355

356

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Branding and marking oleomargarine by retail dealers previous to sale of.................
Brandy:

Fig or cherry, exempting distillers of, from certain provisions of law..
Fruit, exemptions allowed distillers of......

Brewer's sales of bottled beer, special tax..........

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..............

Butlers and servants attached to foreign legations not required to pay stamp
tax on passage tickets..........

Calls:

C.

Stamp tax; decision of United States Supreme Court.....

Subject to special tax and stamp tax, under act of March 2, 1901....
Cancellation :

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Capital and surplus of banks; opinion of Attorney-General..

262

Capital of banks; special tax.....

401, 402

Cards, playing, special tax not required on manufacture of..

410

Certificates, sales of warehouse......

300

Charitable and religious institutions, bequests to, exempt from legacy tax..........

299

Checks of sheriffs, bank, stamp tax.......

283

Cherries or figs, brandy from, exempting distillers of, from certain provisions
of law........

288

Dept. No.

Supplemental to regulations No. 8, revised

Cider, strawberry, special tax....

Cigarette, cigar, tobacco, and snuff stamps, redemption of, under act of March
2, 1901...

Cigarette stamps, difference in appearance of.

Cigarettes:

Changes in records relating to sales of.......
Supplemental to regulations No. 8, revised..
Cigar stamps:

Records of daily sales.......

Use, redemption, etc., of.

Cigars :

Changes in records relating to sale of............
Imitation of statutory dummy packages of.......
Packing domestic.....

Porto Rican, subject to internal-revenue tax...
Rebates and redemption of stamps....

Circular letters:

321

341

433

360

307

366

341, 354

360

312

332

407

327

307

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Changes in records relating to the sale of stamps for beer, cigars, etc..

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Stamp tax requirements on bonds used in Internal Revenue Service........
Surplus proceeds from distraint sale.........
Use of Form 45 and Record 39......

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Additional instructions relative to articles of merchandise of Porto Rican
manufacture subject to internal-revenue tax (No. 607)...

407

...........

Broker, second-class, instructions relative to (No. 598)

318

Cancellation of beer stamps; modifying circular 604 (No. 605)
Cancellation of internal-revenue stamps (No. 502).....

381

.............

347

Cancellation of stamps (No. 604) modifying circular 602.

368

Collection of internal-revenue tax upon articles of merchandise from Porto
Rico (No. 606)......................

387

Compensation limit of gaugers, storekeepers, and storekeeper-gaugers
appointed under civil service rule 6 (No. 614).

447

Equalization of wantage (No. 594).

296

Examination of grain distilleries and duties of examining officers (No.
612).

439

Exempting distillers of brandy from figs or cherries from certain provi-
sions of law (No. 592)..

288

Exemptions of druggists from special tax as liquor dealers (No. 608)..............
Exportation of distilled spirits in bond (No. 609)

421

427

Extending time for filing returns with collectors by manufacturers of and
wholesale dealers in oleomargarine (No. 591).......

281

Instructions relative to special tax created by act approved March 2, 1901
(No. 593)....

292

Modification of the definition of mixed flour (No. 600)....

322

Records of operations of grain distilleries and duties of officers in charge
of same (No. 611)

438

Redemption of documentary and proprietary stamps (No. 596).
Redemption of stamps by banks or stationers (No. 603).

305

361

Stamp tax on bonds, construction of statute (No. 610)..

432

Tax-paid spirits in hands of wholesale liquor dealers and rectifiers October
1, 1901 (No. 578 revised) ...

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Circulars-Continued.

Unlawful assignment of storekeepers and storekeeper-gaugers (No. 597) ..
Unlawful issue of receipts for moneys received in payment of special taxes
(No. 595)

Unlawful use of penalty envelopes (No. 599)...

Use of telegraph in transaction of official business (No. 613).......
Vouchers of deputy collectors (No. 589).

Circulars by numbers:

.........

No. 578. Revised, tax-paid spirits in hands of wholesale liquor dealers and
rectifiers, October 1, 1901...

Dept. No.

306

297

319

444

269

397

No. 589. Vouchers of deputy collectors........

269

No. 591. Extending time for filing returns with collectors by manufac-
turers of, and wholesale dealers in, oleomargarine.......

281

No. 592. Exempting distillers of brandy from figs or cherries from certain
provisions of law.

288

No. 593. Instructions relative to special tax, created by Act approved
March 2, 1901....

292

......

No. 594. Equalization of wantage..

296

No. 595. Unlawful issue of receipts for moneys received in payment of
special tax

297

No. 596. Redemption of documentary and proprietary stamps..

305

No. 597. Unlawful assignment of storekeepers and storekeeper-gaugers..
No. 598. Broker, second class, instructions relative to.....
No. 599. Unlawful use of penalty envelopes........

306

318

319

No. 600. Modification of the definition of mixed flour....
No. 602. Cancellation of internal-revenue stamps

No. 603. Redemption of stamps by banks or stationers....
No. 604. Cancellation of stamps; modifying circular 602
No. 605. Cancellation of beer stamps; modifying circular 604...
No. 606 Collection of internal-revenue tax upon articles of merchandise
from Porto Rico

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No. 607. Additional instructions relative to articles of merchandise of
Porto Rican manufacture subject to internal-revenue tax.....

407

No. 608. Exemption of druggists from special tax as liquor dealers......
No. 609. Exportation of distilled spirits in bond.....
No. 610. Stamp tax on bonds, construction of statute....

421

427

432

No. 611. Records of operations of grain distilleries and duties of officers in
charge of same...

438

No. 612. Examination of grain distilleries, and duties of examining offi-

cers....

439

No. 613. Use of telegraph in transaction of official business..

444

No. 614. Compensation limit of gaugers, storekeepers, and storekeeper-
gaugers, appointed under civil service rule 6.....

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Refunding; when transfers and assignments are null and void..

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Collateral, stamp tax on shares of stock pledged as, to secure future payment
of money

277

417

Collection of internal-revenue tax upon articles of merchandise from Porto
Rico........

387

Collectors, deputy, vouchers of.......

269

Collectors' record of stills, No. 115

337

Compensation limit of gaugers, storekeepers, and storekeeper-gaugers
appointed under civil service rule 6......

447

Compounding liquors by retail liquor dealers, special-tax liability.

418

.............

Computation of legacy tax...

435

Contractors for public works, bonds and guaranties of, stamp tax..

356

Conveyances, stamp tax on

287, 364, 365, 382

Court, no special tax required for sales made in obedience to mandates of........ 316

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