Академический Документы
Профессиональный Документы
Культура Документы
., !iit . 'I
.f lj
REGULATIONS CONCERNING
I!
I!
·I
,.
ASSESSMENTS I
I
I
I
I '
~
•
)
I i:
I '
J
I'
I I
f
!' ,,.
i 1917 .f
. '
..-=...
~
I
f
'
,-
~~)
~ ·. ·.
.-:··
OF 1111~
·.
~
.. ·.~
2:>
I
t
I
!
W~TON
GOVERNMENT PRIN11NG OFFlCE
I
1918
PREFACE.
It should be remembered that, whenever an officer reports 11. person wares, and merchandise made or sold, an~ charged with a tax, the
for assessment, the proposition to assess is subject to review prior to several rates and ag~regate amount, accordmg to the ferms and l'egu-
lations to be prescribed by the Commissioner of Internal ~venue,
assessment, and the tax may be abated, 'or, if paid, may be refunded with the approval of the Secretary of the Treas~ry,_ fo~ which such
after assessment has been made. The officer may be thoroughly sat- person, partnership, finn, association, or corporation IS hable.
isfied of the taxpayer's liability at the time of the examination upon
Section 3237, Revised Statutes, as amended by section 1>3 of the
which the original report is based ; the ·taxpayer D!ay freely admit
it and promise to pay after the assessment is made; but, unless there act of October 1, 1890, provides as follows:
is clear 'IDf'itten evidence preserved, he may afterwards make such And it shall be the dutx of special-tax· payers to render their re-
aftidavit as will render it necessary to abate as above stated, or he turns to the deputy collector at such times within the calendar n_lOnth
in which the spectal tax liability commenced as shall enable htm to
may allege that his oral statements have been mi'sunderstood, or that receive such returns, duly signed and verified, not later than the .last
they were made under a misapprehension or duress. day of the month, except in cases of sickness or absence, as _provtded
.Revenue agents, when recommending assessment of taxes against for in section tlaree thousand one hundred ana seventy-siX of the
parties, should state sufficient facts to sustain the charge. If books Revised Statutes.
have been examined, what they show should be stated and any other The returns of special or occupation tax payers must be made under
evidence which tends to establish liability and upon which the oath, :whether cover!ng the whole year or a fractional part of the
recommendation is baSed should be reported. (T. D. 260, Nov. 26 1 year. (26 Int. Rev. Rec., 89; Ibid., GD.) • .
1000; see also T. D. 1407.) Mere perfunctory reports where evidence As to those parties whose names are not m the hst every effort
is not positively shown will be returned to revenue agents for further should be made to ascertain the name and odd1·ess of each and to
investigation. · · obtain the sworn return in each cnse befo1·e the end of the calendar
No special investigation by collectors is necessary in cases reported month in which the business is commenced. (See Circular 561,
by revenue agents unless there is doubt· as to the liability or the revised June 18, 1907.)
amount involved is unusually large (T. D. 11S54, Oct. 26, 1909), in A person intending to engage in a business for which special tax
which event the case should be reported on the assessment list, with is required to be paid must himself sign and swear to the return.
a note requesting that assessment be deferred until the investigation The return will not be accepted when signed and sworn to by some
is completed. other pe1·son as" agent" for the special-tax payer (T. D. 49, Feb. 27,
AJJ to confessions of violations of law and compromises induced by 1900), except when such agent holds a duly executed power of attor-
threats and duress, see T. D. 206, Circular Internal Revenue 679, ney for so signing.
August 30, 1900. Where a partnership engaged in business requiring the payment
II. RETURNS OF PERSONS LIABLE TO TAX.
of special tax becomes incorpomted, additional special tax must be
paid and stamp issued in the nnmc of the corporation. Form 11 must
Section 3173, Revised Statutes, as amended by section 3 of the !'-ct give the names of the officers of the corporation and the capacity in
of March 1, 1879, by section 34 of the act of August 28, 1894, and which they are authorized to net.. (T. D. 1165, Mny 9, 1907.)
the act of September 8, 19161 provides that- In case of a firm, any member thereof, aud in case of a corporation,
It shall be the duty of any person, partnership, firm, association, any authorized officer may si~n nnd swear to the l'eturn.
or corporation, made liable to an,Y duty, special tax, or other tax The extension not exceeding 30 days which the collector is author-
imposed by law, when not otherwise provided for, (1) in case of a ized to grant under section 3176, Revised Statutes, as amended, will
special tax on or before the thirty-first day of July in each year; (2) be reckoned as to special taxes under the provisions (\f section 53
in case of income tax on or before the first day of March in each year of the act of October 1, 18!>0, from and after the lnst dny of the
as to individuals1 or on or before the last day of the sixty-day period
next followin~ the closing date of the fiscal year for which a return calendar month in which the special-tax liability commences. In
of its income IS rendered by a corporation; and ( 3) in other cases, other cases the extension will be reckoned under sect.ion 3173, Revised
before the day on which the taxes accrue, to make a list or return, Statutes from the day on which the taxes accrue, unless otherwise
verified by oath, to the collector or a deputy collector of the district provided. (T. D. 178£, ,June 4, 1!)12, Explanation nnrl modifiration
where located, of the articles or objects, mcluding the amount of of general instructions relnth·e to obtaining Form 11, Manufacturers
annual income charged with a duty or tax, the quantity o1 goods,
furnishing blanks for dealet·s, etc.)
12 REGULATIONS OONOERNING ASSESSMENTS. REGULATIONS CONCERNING ASSESSMENTS. 13
III. WHEN RETURNS MAY BE MADE BY DEPUTY COLLECTORS known to be in business for which special tax is required, to make
FOR TAXPAYERS. the sworn return within the time prescribed. The result of this is
Said section 3173, Revised Statutes, as amended, further provides- that in a great number of cases, honest special-tax payers, who bad
That if any person liable to pay any duty or tax, or owning, pos- no intention to wit'hbold their sworn returns, and who would
sessing, or having the care or management of property, goods, wares, promptly have made these returns, within the calendin month of
and merchandise, articles or objects liable to pay any duty, tax, or their liability, had their attention been specially called to the matter,
license, shall fail to make and exhibit a list or return required by have, through oversight, failed t'o render the returns, and thereby
law, but shall consent to disclose the particulars of any and all the incurred the 50 per cent penalty under the mandatory provision of
property, goods, wares, and merchandise, articles and objects liable section 3176, Revised Statutes.
to pay any duty or tax, or any business or occupation liable to pay
any tax as aforesaid, then, and in that case, it shall be the duty of The interest both of the Government and of these taxpayers re-
the collector or deputy collector to make such list or return, which, quires that steps be taken by the local internal-revenue officers to pro-
being distinctly read, consented to, and si~ned and verified by oath cure the special-tax returns hereafter within the time prescribed.
by the person so owning, possessing, or havmg the care and manage- To depend wholly upon general references to the requirements of
ment as aforesaid, may be received as the list of 8llch person. the statutes and the public notices posted up is not enough.
The provision of the law above quoted, which authorizes the col- During June of each year the collector will cause a. proper appli-
lector or deputy collector to make a retu1on for a person liable to a cation blank, Form 11, 277, or 678, as the case may be, to be sent to
special tax who declares to the collector or deputy the character of each taxpayer whose name appears upon his record 10 during the
his business, refers to the retu1'n on the prescribed form, which must fiscal year just closing. Before forwarding such blank application to
be filled up and delivered by the collector or deputy to the special- the taxpayer the collector will cause to be entered thereon the name
tax payer for the latter's signature and oath. of the taxpayer, his address, together with the kind of business con-
IV. IN CASE OF ABSENCE, DEPUTY COLLECTOR TO SERVE
ducted, either with a typewriter or addresso~aph. Two envelopes
NOTICE REQUIRING RETURN. should be addressed to the taxpayer at the saine time and one to the
collector. In one envelope addressed to the taxpayer will be placed
Said section 3173 further provides- the application blank and the envelope addressed to the collector in
That in case no annual Jist or return has been rendered by .guch which the taxpayer will return his application. The second envelope
person to the collector or deputY: ~ollector a~ required by law, an? addressed to the taxpayer will be held by the collector arranged to
th1:1 person shall be absent from his or her residence or place of bu·si- correspond to his file of such forms received for the tax period just
ness at the time the collector or a deputy collector shall call for the closing and will be used to cover the special-tax stamp when issued.
annual list or return, it: shall be the duty of such collector or deputy
collector to leave at such place of residence or business, with some In the upper right-hand corner of the envelope addressed to the col-
one of suitable nge and discretion, if such be present, otherwise to lector will be stamped, " Place postage here" or a similar legend.
deposit in the nearest post office, a note or memorandum addressed When applications are received the card for the taxpayer in record
to such person, requi~ng him or her t? render to su~h ~ollectol' or 10 will be taken from the file, the proper entry made thereon, and the
deputy collect'or the hst or return reqUired by law, withm ten days card placed in a new file. Care should be taken to see that there has
from the date of such note or memorandum, verified by oath.
been no change in the personnel of a partnership or cha.nge in address
In the case of special taxes this note will be on Form 5. of the taxpayer. If there has been, the change noted should imme-
In carrying into effect the provisions of the internal-revenue laws diately be taken up with the taxpayer for an explana.tion to determine
(sees. 3173 and 3176, Rev. Stat., ns amended, and sec. 53, act of Octo- whether a new liability has been incurred. The cards remaining in
ber 1, 1890, amending sec. 3237, Rev. Stat.) relating t'o the sworn old record 10 file will be delinquents or have discontinued business.
return that is required of every person, firm, or corporation engaged In either case the question should be taken up by correspondence and
in any business for whi<:h special tax is imposed, attention has here- early enough for the taxpayer to file his application and pay his tax
tofore been directed almost exclusively to the duty devolving upon in time to avoid penalties should he be delinquent.
the speciaf:tax payer to render this ret'urn to the collector or deputy The plan above outlined must be followed by collectors, and in this
collector within the calendar .month in ":hich the liability began, manner his records will always be up to date and without loss of time
without particular reference to the obligation resting upon collectors and with the least labor.
to direct their deput'ies to call upon all persons in their districts,
14 BEOlJl.ATIONS CONCERNING ASSESSMENTS. B.EOUI.ATIONS OONOERNINO ASSESSMENTS. 15
There is printed on the bottom of each application, blank space to of account containing entries relating to the business of such person,
indicate the kind of remittance received. A check mark should be or any other person he may deem proper, to appear before him
placed in the proper" box" and just above a description of the remit- and produce such books, at a time and place named in the summons'
tance if other than cash-e. g., if a draft," No. 647, First Natl. Bk., and to give testimony or answer interrogatories, under oath, respect-
ing any objects or income liable to tax or the returns thereof. The
Mattoon " ; if a check, " Certified Bank of Ukia or post-office order collector may sl.tmmon any person residing or· found within the State
No. 3286, Albany "..,-this to be followed by the sir name of the clerk or Territory in which his dtstrict lies; and when the person intended
receiving the remittance. In the upper right-hand corner of the ap- to be summoned does not reside and can not be found within such
plication the clerk who compared the application with and made en- State or Territory, he may enter any collection district where such
try on record 10 should write his name, and finally when the stamp is person may be found, and there make the examination herein author-
Ized. And to this end he may there exercise all the authority which
issued the serial number of the stamp will be entered, followed by the he mi~t lawfully exercise in the district for which he :was commis-
name of the issuing clerk. The application is now ready for perma- sionecf: Provided, That "person" as used in this section shall be
nent filing and the file clerk is certain that all of the necessary steps construed to include any corporation, joint-stock company or associ-
have been taken, and if an error is made the clerk responsible is on ation, or insurance company when such construction is necessary to
carry out its provisions.
record. The application is a complete history of the routine and
readily accessible. It will be observed that the collector is authorized, under section
Section 3172, Revised Statutes, as amended, reads: 8173, Revised Statutes, to issue his summons, as aforesaid, in case of
Every collector shall, from time to time, cause his deputies to pro- refusal or neglect to make returns or in case of false or fraudulent
ceed through every part of his district nnd enquire after and con- returns. Under the provisions· of section 1 of the act of August liS,
cerning all rersons therein who are liable to pay any internal-revenue 1876 (sec. 8168a, Compilation of 1911), it is his duty to see that all
tax and al persons owning or having the care and management of laws and .regulations relating to the collection of internal taxes are
any objects hable to pay any tax, and to make a list of such persons faithfully executed and complied with, and to aid in the prevention,
and enumerate said objects.
detection, and punishment of any frauds in relation thereto, and for
By a faithful execution of this law the department is convinced such purposes he is empowered to examine all persons, books, papers,
that the necessary information can be had to enable the deputies to accounts, and premises, to administer oaths, and to summon a.ny
obtain timely returns from all persons liable for special tax, e.xcept person to produce boolts and papers, or to apl'ear and testify, under
those who conceal their business, on account of local prohibitory oath, before him.
laws, or for other reasons. Such persons can have no grounds for The manner of service of summons is set forth in section 3174,
complaining of hardship and injustice in the exaction of the 50 per Revised Statutes. Section 3175, Revised Statutes, provides that in
cent penalty for their failure to make the sworn returns within the case of fa.ilure to obey summons, or to give testimony, or to answer
calendar month in which their business was commenced or criniinal interrogatories as required, the collector may apply to the judge of
prosecution for such failure. the district court, or to a commissioner of the circuit court of the
V. COLLECTOR'S SUMMONS OF PERSONS TO APPEAR, PRODUCE United States for the district within which the person summoned
BOOKS, AND TO TESTIFY RESPECTING OBJECTS LIABLE TO resides, for an attachment against him as for a contempt.
TAX AND THE RETURNS THEREOF. A taxpayer charged with making false returns must appear before
the proper collector by whom summoned for examination, with his
Said section 3173 amended lastly provides that- books. (See decision by Judge Blatchford, p. 1, vol. 9, Int. Rev.
If any person, on being notified or required as aforesaid, shall re- Rec.)
fuse or ne~lect to render such list or return within the time reguired It is no defense that the answers would tend to criminate witness,
as aforesaid or whenever any person who is required to dehver a inasmuch as, under the act of February 25, 1868 [now section 860,
monthly or ~ther return of obJects subject to tax fails to do so at the
tliDe required, or delivers any return which, in the opinion of the Revised Statutes], no disclosures or admissions so made can be used
collector, is erroneous, false, or fraudulent, or contains any under- against him in criminal or quasi-criminal prosecutions. (See decision
valuation or understatement, or refuses to allow any regular author- by .Tudge Underwood, p. 107, vol. 10, Int. Rev. Rec.; U. S. v. Brown
ized GovernJY,ent officer to examine the books of such person, firm, or ft al., 18 Int. Rev. Rec., 127; Fed. Cas. No. 14671.)
corporation It shall be lawful for the collector to summon such per- A collector of internal revenue is entitled under the law to examine
son, or any other person having possession, custody, or care of books
the books and papers belonging to banks, bankers, and others within
16 REGULATIONS CONCERNING ASSESSMENTS. REGULATIONS CONCERNING ASSESSMENTS. 17
his district relating to their business and connected with the subjects property, trade, or business. (See decision by Judge Hopkins, con-
of taxation, and he is not bound to infonn the owners of his purpose curred in by Judge David Davis, p. 100, vol. 14, Record; U. S. "·
in making such examination. Hodson, Fed. Cas. No. 15,376.)
Where a summons for the production of books and papers has been
VI. WHEN COLLECTORS OR . DEPUTY COLLECTORS MAY MAKE
issued by a collector of internal revenue, and such summons has RETURNS.
been duly served and not complied with, a United States district
judge may, upon application and proof of these facts, issue a writ of Section 3176, Revised Statutes, as amended by section 3 of the act
attachment. of March 1, 1879, and section 3<t, act of August 28, 1894, and the act
The law (sec. 3163a, Compilation of 1911 aforesaid) is not uncon- of September 8, 19161 requires that-
stitutional in giving collectors the right to examine such books and If any person, corporation, com.Pany, or aswciation fails to make
papers as show the operations of banks, etc., with the public, and and file a return or list at the tlme prescribed by law, or makes,
are connected with the internal revenue of the United States. (See willfully or otherwise, a false or fraudulent return or list, the col-
lector or deputy collector shall make the return or list from his own
the decision by Judge Hill in the case of Stanwood v. Green, vol. 11, knowledge and from such information as he can obtain through
Int. Rev. Rec., p. 134.) testimony or otherwise. Any return or list so made and subscribed
Under section 3175, Revised Statutes, a judge or commissioner has by a collector or deputy collector shall be prima facie good and suffi-
power to issue an attachment as for a contempt against a person sum- cient for all legal purposes.
moned by a collector for a refusal or neglect by such person to obey VII. OFFICERS MAY ENTER PREMISES WHERE TAXABLE ARTI-
the summons, to give testimony, or answer interrogatories. It has CLES AJS.B PRODUCED OR STORED.
been held, also, that the judge may, instead of an attachment, issue
Section 3177, Revised Statutes, provides that-
a rule to show ca.use why an attachment should not issue. The appli-
cation of the collector in these cases is a proceeding in a civil cause, Any collector, deputy collector, or inspector may enter, in the
day time, any building or place where any articles or objects subject
and may be amended. It has been decided that, 'II!Tider the proviaiom to tax are rr.ade, produced, or kept, within his district, so far as it
of law refwoduced fl8 section 9173, Revised Statutes, the collector is m~y be '!ecessary, for the purpose of .examining said articles or
not authorized to require the production of the books of a corpora- ob~ects. • • Afld when such premises are open at night, such
tion in which the taxpayer is a shareholder, such books, in the mean- officers may enter tbem while so open in the performance of their
ing of that provision, not being books relating to the trade or busi- official duties.
ness of the shareholder. (See decision by Judge Lowell, p. 133, This section is made applicable to revenue agents by section 3152
vol. 11, Record; Lee v. Chadwick, Fed. Cas. No. 2570.) as amended. · ;
The protection to a person that he shall not be compelled to ·be a Officers must have free and peaceable egress as well as ingress to
witness against himself applies only to criminal cases, and does not the places where they are authorized to make examination, and the
extend to a witness called under summons to appear before a collector proprietors have no right to eject them. (Decision of United States
to give testimony and produce books relating to returns and assess- district court, northern district, New York, p. 8, vol. 15, Record.)
ments, as this latter is a civil proceeding. The examination of books The law under which the national banks are incorporated does not
under such summons is not an infringement of the fourth amend- exempt them from examination by the internal-revenue officers men-
ment to the Constitution, providing against unreasonable searches, as tioned in section 3177 of the Revised Statutes; but the authority of
such officers to make examinations can not be delegated to their
this clause is applicable to criminal cases only. The person sum-
moned having appeared and brought with him the books and papers clerks. (Decision by Judge Cadwalader, p. 235, vol. 22, Record.)
required can not lawfully refuse to exhibit the same to the collector VIII. COLLECTORS MAY EXAMINE PREMISES TO SEE THAT ALL
or to testify concerning them. (See decision by Judge Hillyer, p. LAWS AND REGULATIONS RELATING TO THE COLLECTION OF
182, vol. 11, Record, in re StrouSe.) INTERNAL TAXES ARE FAITHFULLY EXECUTED AND COM-
Section 3173 of the Revised Statutes clothes collect<,)rS of internal PLIED WITH
revenue with supervisory power over, and authorizes them to investi- Section 1 of the act of August 15, 1876 (sec. 3163a, Compilation of
gate all accounts, lists, or returns made, or required to be made, to 1911), empowers every collector of internal revenue within his dis-
them by any and all classes of persons liable to pay taxes upon any trict, for the purpose of seeing that all laws and regulations relating
24918"-18--2
18 REGULATIONS OONOERNING A88E88MENT8.
'{ !
REGULATIONS OONOERNINO A88ES8MK NTS. 21
20 REGULATIONS OONOEBNINO ASSESSMENT&.
:I
III. Tax on deficiencies of spirits on exportation ..............•...•...•••.. 134
IV. Tax on circulation of banks and bankers ............................ .. 136
V. Taxes on articles imported from Porto Rico .......................... .. HO
VI. Tax on brandy used in, the fort.ification of wine ............•.......... 141
VII. Penalties of 50 per cent and 100 per cent ............................ . H~
~
VIII. Tax on the net income of individuals, corporations, joint-stock companies,
j 8880ciations, and insurance companies (see Heg. No. 33).
,, l. IX. Estate tax (see Heg. No. 37).
a X. Taxes imposed by the act of October 3, 1917, on-
Beverages:
Prepared sirups or extracts, intended for 1.116 in the manufacture
or production of beverages.
Unfermented grape juice, soft drinks, or artificial mineral waters
(not carbonated), and fermented liquors containing less than
one-half of 1 por cent of alcohol.
Natural mineral waters or table waters.
Carbonic acid gas in drums or other containers (intended for use
in the manufacture or .production of carbonated waters or
other drinksi.
Facilities furnished by public utilities-
(a) Transportation by rail or water or by any form of mechan-
ical motor power when in competition with carriers by
rail or water of property by freight consigned from one
point in the United States to another.
(b) Transportation of any package, parcel, or shipment by
expre88 from one point in the United States over
regular routes between fixed terminals.
•Separate regulatlooa covomiD& the aasessmant aod collootloo of th- tax• will be pr...,..lbod.
119
120 B.EGULATIONB CONCERNING AB8EB8'MENT8. REGULATIONS CONCERNING ASSESSMENTS. 121
' '
1 :X. Tuee imposed by the act of October 3, 1817, on-Continued. I AND II. ASSESSMENTS FOR DEFICIENCIES, AND FOR EXCESIJ
Beve~Continued. · OF MATERIALS USED, IN TBB PRODUctiON OF DISTILLED
Facilitiee furnished by public utiliti-Continued. SPIRITS. .
(c) Tnr.nsportation of pereoDII by rail or water, or by any
form of mechanical motor power on a regular et~tab Section 8309, Revised Statutes, as amended by section 60 of an
liehed JiBe when in competition with carriers by rail or
water from one point in the United States to another
act approved August 28, 1894, requires that-
or to any point in Canada or M'exiCQ. On the receipt of the distiller's return in each month the Commis-
(d) TrallllpGrtation of oil by pipe line. . sioner of Internal Revenue shall inquire and determine whether the
(•) Telegraph, telepho~e, or. ~io ~illpatch, ~~· or distiller has accounted for all the grain or molasses used and all the
convenation, wh1ch ongtnates 1n the Un1ted States spirits produced by him in the precedintt month. If he is satisfied
and for the tran~miMiion of which a charge of 1& centl that the distiller has reported all the sptrits produced by him, and
or more ill impoeed. the quantity so reported is found to be less tlian eighty per centum
Iomrance: .. of the producing capacity of the distillery as estimated according to
Life marine inland, fire, and cuualty pohCles. law, he shall make an assessment for such deficiency at the rate of
Balee b; manuf~turen, producers, or importers ·of the following $1.10 for every proof gallon. In determining the quantity of grain
articlee, and floor taxee on the articlee enumerated in paragraphll used, fifty-six pounds shall be accounted as a bushel; and if the
~>.w.w.oo.oo.w.oo.. .
(o) Automobile~~, automobile trucks, automoblle wagons, and
commisioner finds that the distiller has used an_y gt·ain or molasses
in excess of the capacity of his distillery as estimated according to
motorcycles. · law, he shall make an assessment against the distiller at the rate of
(II) Piano players, graphophones, phonographs, talking ma. $1.10 for ever1 proof gallon of spirits that should have been produced
chinee, and records used in' connection with any musical from the gram or molasses so used in excess, which assessment shall
instruments, piano player, graphophone, phonograph, or be made whether the quantity of spirits reported is equal to or exceeds
talking machine. eighty per centum of the producing capacity of the distillery. If the
(e) :Moving-picture fil~ (which have no~ b_een ex~). commiBIIioner finds that the distiller has not accounted for all the
(d) POiitive moving-p1cture films (colltainlDg a p1cture ready spirits produced by him, he shall, from all the·evidence he can obtain,
for projection). determme what quantity. of spirits was actually produced by such
(•) .Jewelry, real or imitation. . • distiller, and an assessment sha]] be mnde for the difference between
00 Tennis rackets, golf clubs, baseball bats, 1acro1111e stic~a, the quantity reported and the quantity shown to have been actually
balls of all kinds, including bueball1, footballs, tenn11, J>roduced, at the rate of $1.10 for every proof gallon: Provided, That
(101f,lacr0118, billiard, and pool balls, fiehingrodaand reels, the actual product shall be aSIIumed to be in no case less than eighty
billiard and pool tablee, ch- and checker boards ~d per centum of the producing capacity of the distillery as estimated
piecee, dice, gamee and parts of gamee, except piayJDg according to law.
· cards and children's ·toys and games.
(g) Perfumee, -ncee, extracts, toilet waters, etc. • • • • • • •
(h) Pille, tablets, powders, etc. GRAIN AND IIOLAS8BS DISTILLBRIB8. 1
--,hparahrepiaUo.;;;•cu--11114ooUOOU.;--;;r;._. ~will~ pr-lbed. • Tbeoe reculatlool apply to all dlltlllerlel ucept tboae lo wblcb braody 11 made fro01
appleo, peaches, gra~•. ~aro, ploeapplea, oranges, apricots, berrlea, plum•. pawpawo,
~l'llmmoo1, pruoe1, ftge, or rberriPo, or wine or frnlt pomace reolduum containing artl·
dclal oweeteolnr u•ed In tbe monufocture of wloP excluolvely, l)r oweetened grape cheese.
under pro\'IIIODI of the act of Sept, 8, 1916, aDd dlatlllerlel operated OD the dltratloD·
aentloo prloclple.
160 REGULATIONS OONOEBNING ASSESSMENTS.
. . . . a:~~= r
T. D. 1050, October 12, 1906.~wrtified copta from Zut of Bpecwl- each complete in itself, as follows:
tam paywr1-Scope of act of JuM 141, 1~06: Th~ act of June 21,
·~ ·-~:~~:
1906 providing for the giving out of certified cop1es by collectors to · Division. Form used.
pr~uting officers does not affect the operation of ~be regulatio~s lfl..,.llaneoua........ ........ 23
which prohibit coUectors from giving out ~nf.ormatlon f~om their . 2 Tol>acco. .• • . . • • • • . •• •• •• • . .. 23.. •• . •• . • • . . • .
a DlstiUecUplrUr- •• . • • . • . . . .. 23..............
6 Estate~ .................... 23
e Sales tax. . . • . . • • • . . . . • . . . . . .. 7311
records in any other manner, or from testifymg orally m regard ·
thereto. This act simply emphasizes the . regulati_ons referre~ to, Special -instructions relative to the manner in which items are
and they remain in force with the exception specifically. provtded to be -l'eported on 'the a.ssessment lists a.re printed in Ac. Mim. 1655
for by this act. and T. Mim. 1728 for the guidance of collectors.
T. D. 1164, May 8, 1901.-F~~hing Uata ~~ apecial-ta:rJ pa~era: These instructions should be carefully read and strictly observed,
Instructions relative to furnishmg hats of spec1al-t~x payers to S~ate and when it· is noted that a collector has failed to observe any one
prosecuting officers, under the provisions of sectiOn 3240~ Revised
. . of these instructions in the preparation of his list, his attention will
Statutes as ame-nded by the act of June 21, 19Q6.
relat~ve to names of s~e~Ia.l · be called to the particular instruction ~hich has not been followed.
T. D. ia98, July 16, 1908: Information
If it shall be discovered that this instruction is repeatedly ignored
tax payers will be furnished only to prosecutiOn officers a.s provtded
therea.fter the failure to observe the same will be considered a gross
by the act of June 21, 1906. neglect of duty Clllllng for special attention.
T. D. 1619, April 23, 1910.-0opieB of r~cords: It is ndt necessary
· , Collectors. are specially cautioned against leaving their deputies
to secure specia.l permission to furnish copies of Record 10 t;e. prose-
with too sma.ll a supply of Forms 24.
cuting officer&
No list prepared by a collector will cover a less period than one
calendar month. The last list prepared by an outgoing collector will
be for the last full month of his term of office; and the first list of
the it.coming collector will be for the full calendar month during
which he enters upon the duties of his office.
In case the calculation of the deficiency taxes will, in any month,
delay the transmission of the list to the Commissioner beyond the
lOth day of the month in which it should be sent, the collector will
report the amount which he finds to be due on his next monthly
list. He must not accept without question the amounts certified to
him on 'Forni 6985, nor, when he ha.s the proper data for calculating
such assessments, should he await. the arrival of Form 6985 before
making such cBJculation and reporting the amount to be assessed,
but amounts certified on Form 6985 must be reported on Form 23
from mrinth to month until disposed of, (See, as to mode of mnking
such calculations, Regs. No.7, revised July 10, 1914, pp. 82 to 86.)
24918°--18----11 161
&EG~LA':tlONS CONCERNIN 'G ASSESSMEN TS. 168
162 REGULATIO NS CONCERNIN G ASSESSMEN TS.;
. If a special ta~ or other tax previously abated is entered on this
When the tax on brandy distilled from apples,, grapes, peaches, form after it:s collection, the fact of previous abatement should be
1>ears, pineapples, oranges, apricots, berries, plur;ns, paw paw~, per- stated and reference made to the list, folio, and line on which the
simmons, prunes, figs, or cherries, o~ wine or frmt pomace .residuum assessment was made.
containing artificial sweetening used m the manufacture of wme exclu- In reporting the collections of 6 per cent penalty and 1 per cent
sively or sweetened grape cheese under the provisions of the act interest in accordance with the provisions of sections 3184, 8185, and
of Se~tember 8, 1916, exclusively, is reported for assessme~t for de- 3187, Revised Statutes, the collector will state on what assessments
fault in the payment thereof (see p. 21~, R~gs. No. 7, revised July the collections are made, specifying the list, folio, and line, as well
10, 1914), the words" Fruit branrly" ana senal numbers of pa:ckae:~ as the name of the taxpayer and the article and occupation. For
will be entered in column No. 7. . instruction s in regard to this penalty and interest. see these Regula-
Form 6983 should bo returned by letter in time to be conSidered tions, page HI~, and Regulations No. 14, :revised October liS, 1911,
with the list on which reported for assessment. page 16.
In all cases where fruit distillers, in reply to notice on Form 6983 , When the collector receives money from the clerk of a court and
(see pp. 221 to 223, Regs. No.7 of 1914), furnish evid~nce intended reports on Form 23, part 2, only a portion of the amount ~ipted
to show that. assessment should not be made, such evidence should _for or received, he will state in the column headed" Descriptio n" the
be certified to by t.he deputy collector of th~ d.ivision i.n which ~he amount .reported on prevtous lists, giving the amounts reported on
distiller resides, and forwarded to the Comm1~10?er, w1th. the opm· eac~ 1 and in case any portion of the amount receipted for should not
ion and recommendation of the collector, who will state lD column be charged to him he will state how much and whv he should not be
No.7 of Fonn 23 1 "Evidence furnished in letter dated--. " cbargoo. ·
In 'case a fruit distiller fails to return Form 6983 or to acknowl- The proi>er stamp should be issued 'for the special tax or for the btll:
edge the receipt thereof the collector .will report: the distiller fol' on t~ ~rticle for which the tax is intended to be paid, if the same is
assessment and transmit by letter a certificate ~f the depu.ty c~l:eclol' in existence and accessible, and should be attached to said article
as to service of the notice on the distiller, or 1~ case ~f mabtht! to as .evidence of the payment of the tax. All money pai(t on aceount
reach the distiller, of such service on the suret1es to. his bon?, F or.1~ of a special tax should be devoted to the purchase of a special-tax
30l, and state in column No. 7 of Form 23, "Rece1pt furnished m stamp covering the liability incurred, whether the same is intended
lett'er dated - · " . for a current period or one tt~at has expired, except when the tax
Collectors will not report for assessment on hsts "
Form 23, stamp- has been previously assessed and'subsequently abated as erroneous.
tax branuy," apparently due from fruit distil~ers on re~ort~ o~ re,·~- Receipts on Form 1.shoi.tld be issued for such taxes as are not pay-
nts or special examining officers unbl the frmt distiller IS able by stamps, and for 50 per cent and 100 per cent penalties.
nue age . · f th
notified of such proposed assessment, nor until t~e que,st:ton o e T. D. 2226, ~uly 14, 1911S: Collectors may. sign, in addition to regu-
liability of the distiller under section 3309, Rey1sed Statutes, hns lation recejpts (Form 1), what is kno-wn as" Commercial receipts,"
been determined. but should write across the face of such receipts, "Not an oft\cial
If after the determination of the liability under section .. a::W?, receipt."
Revised Statures, and after notifying the distiller, no expla?ai1on IS T. D. 2341, June 19, 1916: Deputy collectors may issue personal
·Ived from him within 30 days thereafter, the collector will rep0rt receipts for moneys collected, substantially in the following form:
r ece .h t .
the amount found due for assessment on Form 23 Wit no e m "Received of John Doe.$-- -, to be forwarded to the collector
column 7 thereof ':No explanation received.-" to cover special tax a s - . " Such a receipt is not in violation of
If the distiller can by affidavit show to the satisfaction of the col· section 3183, which prohibits the issuance of a receipt in lieu of a
lector that such assessment ought not to be m~de ~he collector will stamp.
forward all the papers, with his recommendatiOn m the matter, to Amounts included in the sum accepted and induded in offers in
this office, and note in column headed " Description of Item " of compromise such as specific penalty, 5 per cent penalty. costs and
Form 2~ "Evidence furnished in letter dated~·" interest, should• be .included in Form 23, Part 2, the number of the
UnusJal care should be taken in regard to spectal tax~s and pen- certificate of deposit, and the .correct. source of revenue being given
altie.<~. Any 9ollection in excess of the amounts charged m Form· 68 under" Description of Item."
will be includ~d in Form 23. (See T. D. 289, Feb. 25, 1901.)
164 REGULATIONS COliCEBNING ASSESSMENTB.
BBOULATIONS CONCERNING ASSESSMENTB. 165
The commissioner will inquire, detennine, assess, and enter the
amounts ascertained to be assessable, including the a~ounts ret~rned assessment on the next succeeding list; if a special tax is assessed for
the wrong period, a claim for abatement should be filed for the same
by the collector, if found correct. In the case of spec1~l taxes, d the
and the proper period should be reported on the next list for assess-
serial number of the stamp is not reported, the. tax ~Ill be ~d. ment.
Amounts entered in Fonn 23, Parts 1 and 2, wlll be mclu~ed 1D the
amount stated on Fonn 23, Part 1, but the amounts entered m colu~n On the list ~ing returned by the commissioner the collector will
serve notice on Form 17, and collect the amounts due, and fill up in
of " Remarks" will not be entered in the receipt. The collecto~ will,
ink the blank spaces under " Notices of assessment issued as follows."
however, exercise the same care in collecting th~ taxes as. m the
c~ of taxes included in Form 23, Part 1. He Wlll also receipt for
Collectors will obsene great care in serving the notices ·referred
to on page 167 to make the service upon the party liab~ to the ·tatiJ,
these taxes and make monthly reports of the same oc Fonn 826, and
in order that the lien may be perfected against the party liable, with
in accordance with instructions hereto gi~en.
interest, penalties, and costs, as provided by section 8186. (See de-
Care should be exercised to have each hst on Forms 2~, as complete
cision of the United States Circuit Court, Eastern District of Mis-
as possible when sent to the commissioner; but any tax ma~ve~ntly
'tted should be included in the list for the next month, with a note souri, in th.e case of United States ..,, Pacific Railroad Co., 28 Rec.,
p. as•.) Section 8186 of the Revised Statutes, as amended, provides
;~~fly explaining the cause of delay. Failure to include in that list that-
any such amount will be deemed a serious neglect of duty by the ~~
lector so omitting the same. If it Blw.ll be ~i8c01Jer~d tha! a ~a4' which If any person liable to pay any tax neglects or refuses to pa_y the
same after demand, the amount shall be a lien in favor of the United
,A.O'Uld have been rep()7'ted for tUBeBBmtmt on agtven ~t u .not re- States from the time when the assessment list was received by the
ported on that lilt, nor on either of the two nell't ~ucceedtng lutB, the collectOr, except when otherwise provided, until paid, with the mter-
iBBion on the part of the collect()7' to rep()7't w•U be regarded tU a est, penalties, and costs that rnay accrue in addition thereto, upon all
: : of gr08, neglect calling /()7' Bpecial action. If the list for any property and rights to property belonging to such person.
given month transmitted to the collector is ~ncomplete by reason of 'l'his section is further amended by the act ~pproved March 4, 1918,
the assessment against any person .or finn bemg too small, or by rea- providing that such lien shall not be valid as against any mortgagee,
n of an omission to make an assessment recommended, the name of purchaser, or judgment creditor until such lien shall be fiied by the
:e person against whom the collector ~esires the ~ent to be collector in the office of the proper clerk of the United States djstrict
made, with the proper amount stated, Will be entered by hun on the court or in the office of the proper registrar or recorder of aeeds
list for the following month. where the State law authorizes such filing.
If the collector inadvertently neglects to .report an amount ~or Notice of such lien should be filed by the collector on Form 668
assessment for any given month, the error Will usual~y be remedied iri doubtful cases or where large sums are involved as soon as prac-
by reporting the amount on the list for the suc~eedmg ~ont~. If, ticable after the assessment list is received by him and he is of the
however, a month's delay would render th.e ~ent mvahd by opinion that such action is advisable in order to protect the interests
reason of the liS months' limitation, a special h~ will be prepared of the Go,·ernment. (See instructions relating to filing notices of
for the item, if the amount invoh·ed or tile circumstan.:es wa~ liens lor taxes and of the discharge of the same, as set forth..in T. D.
rant such action. In case the collecwr thinks that the amount certl- 1841, March 18, 1918.)
fi' d to hiD\ on Form 23 is incorrect by reason of an erroneous assess- Collectors will also be careful to enter in each notice the day on
O:ent, he will not state another amoUJLt in his Fonn IS1b, unless there which the tax must be paid. Where the date of payment is not fixed
should be an error in the footing uv In the latter case the collec~r by the usual 10 days' noticr., extraordinary care sho\lld be exercised
will not return the list, but should "t once report the. fact ~ tlus in order that the taxpayer may be correctly informed as to the last
office with a statement showing the page and column 1n :W~Ich t~e day on which paymenhrnlly be made without incurring penalty and
error IS· t o be found , when , if the facts warrant, the commiSSion wlll interest on _the amount due.
authorize the collector to make the necessa'! changes. . . OIBTUINT POR TAXES.
Erroneous assessments will be ad) usted m the fol~owmg ma~mer.
Section 3187, Revised Statutes, prol•ides:
If too large, by claim for abatement ~f the.amount.m excess; If ~he
assessment is too small, or in amount IS omitted which should be m- If any person liable to pay any taxes neglects or refuRes to pay
the same within t~n days after notice and demand, it shall be lawful
cluded, the deficiency or amoum omitted should be reported for for the collector or his dep11ty to collf'ct the said taxes, with five per
REGULA TIONS OONCER NJNO ASSESS MENTS.
161
166 REGULA TIONS OONOER NING ASSESS MENTS.
t and ~:~:n~~.J bD. 1654) • as the debt i~ liquida ted to the extent of the
centum additio nal thereto , and interest as aforesa id, by distrain of the bond f not be mainta ined on tht·
I h y thP collector, nnd SUit can
• of the foods, chattels , or effects • • • d
sale • •
• • ·st or t .e amoun t of t.he otfp,r of the United States. (Un"t I e
person delinquent. ates v. Tnplet t, 22 Int. Rev., 207.)
If the taxes due are not paid within the time set forth in notice Col1ectors should be go verned accord'mgly and In .
no case shoirld
b'd b
on Form 17, the collector will at once issue demand for the sa.me1
'
n I . e made f.or proper ty for the full amount of tnx unless the
, on Form 21, and if not paid within 10 . . ~
with penalty and interest apprais ed or estimat ed cnsh value of the ro
days after service of Form 21, Form 69 (distra int warran t) ·must prior lien~ approx imate at least double t~nt ~~?~n~x cl~stv. elotf' all
as · egu n Ions
be at once issued. Collectors have no discreti on in this matter, N o. 12 revised provid e:
the statute is mandat ory, and failure on their part to comply there- ,
Real estate seized nnd e~ d'rs t rn.mt ·
with will subject them to the liabilities prescri bed against their offi- offered at a mini ~nd offered for snle should be
the land, but in :u~a;;r~~r~r~nanly one-h~1f the cas}). value
of
cial bonds qy section 3218, Revised Statute s. ·
.The collector will authori ze his deputy to levy upon all propert
y and all expenses of levy and sale in~lt~~ tax,llm~ erest, and penalty ,
such as are exempt by the provisi ons in~. If no 'person offers for said' esta ~e :~g a c nrges f~r a~~ertis
and rights to propert y, except ~ amoun t of the m1mmum
price, the officer mak'11 th
of section 3187, belonging to any person, or on which said lien exists,- 1
United States for no ) ; e sue shoulq hld the proper tv in for
the
who neglects or refuses to pay within 10 days after notice and
de-
object, which is to preve~f~ hessauml tfhan Is. nedcessn ry to .e-ffectu ate the
t a-/.d penalty for non- . e or an ma equate pnce.
mand, for the sum due, togethe r with interes
paymen t and such further sum as shall be sufficient for the costs o.pd Sectwn 3205 provide s that whenever an
real, which is seized and sold bY not"ICe ofyl nw pro~erty, personal or
e'tpenses of suchlev y. _ . IS not suffi · t t
·f Cle? o
Section 3190, Revised Statute s, provides the method of procedure ~ntis y the claun of the United States for which' d'. t .
y Jg made, the collector may thereaf ter, and
as oftenl ::~:t or seu:ure
in making the distrain t, and section 3191 provide s that when propert seize and II in . e same may
is seized be necessary, proceed to
h.ke t ma~ner, any other
has not been paid,
proper ty liable to seizure of the pe~~
subject to tax,· but upon which the tax
ng
upon distrain t and sold, the amount of such tax shall, after deducti
sale, be first approp riated out of the proceed s exists, until the amoun t due from him t ng~~s Wlt w. ohm such claim
all expenses,
the expenses of said is fully paid. ' oge er
thereof to tM paymen t of the ta.e. f .
. Proper ty which is sold upon distrain t and is itself subject to tax Special attentio n is called to the fact thnt th 1
P!oper ty under distrai nt proceedings is require d b; :c;io~ ai~~s~al
which has not been paid may be p·trcho.sed for the United States nor more titan eo d ' ~
VIsed Statute s, be mode in not leaa than 10
under the provisions of section 3192, where the amoun t bid for such estate in not z:;:·t~n
by section 8197, Revised Statute s, in case of real
property is not equal to the amount of the tax. No _provision is made owner an
a:u~horizing a collector to purchas e under distrai nt
other personal eo n07 more titan 40 daya from the date of notification to thethe
propert y than that noted. po~ssodrbof tlhe proper ty and the publica tion or posting of not,·coer
reqmre y aw.
11. payment of the amount due with other charges is made to .the ..
, The sale may be adjourn ed from time to time b h
officer charged with the collection prior to the sale, the goods, chat~ls the t~nm~ sections of law when deemed advisable byytht eo e ffiprovishlons of
d to the owner or po~r . cer c arged
and effects distrain ed should be returne w"th th ~o11. ectiOn, • b
ut not for a time to exceed 30 da s in all
When goods, chattels, or effects sufficient to satisfy the taxes im-
posed upon any person are not found by the collector, he is author-
1 e
. '::ere lt lS found, therefo re, that items are carried
r against a tax n e f
:s outstn~ding
m e accounts of a collecto
ized by section 3196 to collect the same by seizure and sale of real 90 days after the receipt of the li"t by h"lm h p .Yll r or more thnn
· • e WI report such it
estate. on supp I e~ental sheets .of Fol'm 325 with entries in the p per_ em~ ro
Section 3197 provides if no person offers for said real estate the umn of Bald form ' showm g the dnte of Jssumg . . F orm 69 a d t:ol
h
minimum price, the officer shall declare the same purchased for the daJms
.
for abatem ent have been filed s
erroneo us (on
n
Fo
wnet
47)
er
a
United States; otherwise the same shall be declared to be sold to the .
or u~collec~Jble (on Form 53)' otherwise collectors wil rm .
highest bidder. to give satisfac tory explan ation by letter of the d 1 I. be requ•~
d
When real estate is offered for sale under warran t of distrain t and the worran~ of distrain t and collecting the amoun~ nJu;nw~:~f~t 8 ~~g.
no
is bid on for the Uniteu Stlltes, the amoun t bid should be for hme prescribed by law, as noted above:
larger a sum than is nt!cessary to preven t the sale for an inadequ ate
1'68 REOUI.A TIONS CONCER NING ASSESS MENTS.
~::,~~i~;~::.:~:~~--.:_:_~1::~·:::::::::::::::::::::::::::::::::::::::::::
payel'l ....•......... .......•...... ......•....... ....... 3173 12 119
In case of absence, deputy collector to aerve notice requiring 119
return .............. .............. .............. ..... .. 3173 12
Phoaphorue match I • .. • • • • .. • ' • • • • • .. • • • • • .. • • • 117
Collector's summons of pereone ro appear, produce boob, and Auotton: ee. · · .. ·' .. · .. • • • • · · · • · • .. · .. · .... · · · · · · · · · .. • · • • · · .. 117
to testify respecting objects liable ro tax and the returne
Sale on distraint ............... . .
thereof ............... ............... ............... ... . 3173 14
Pei'SC>nal property .. ~ · • " • • • • .. • • • • • • • • • • • • • • • • • • • • • • • .. • • • • 166
When collecto!'l or deputy collectore may ente~ premieee and Re .................. .................. ............. .
.................. 166
make returne ............... ............... ............ . 3176 17 Banb ~ta~e~.;,j;~~:.. • .. •• ...... • • • · • .. · • • • · • • ••• • • • • · .. • · •••·•• • • ·• · · • · 167
Officel'l may enter premises whete taxable articles are pro-
duced or stored ............... ............... .......... . 3177 17 Definition of............ ............... ............... ....... 3407 136
Collectore may examine premieee to see that all laws and regu- Internal-revenu e taxee on, other than of national banta ........ 8407, 3417 136
ci.rj!ulation. . . . . . . • . • . . • .. . . • • . • .. • .. 8408 136
lations rele.ting to the collection of internal-revenu e taxee
17 when payable. . . . . . . . . . . . . . . . . • • . . . . 3409 139
are faithfully executed and complied with, .••.•.•••...... 3163a
Taxable property owned by nonresidents .•••..••..•.• , ..... . 3180 18 notes uaed for circulation ........... 3412 3413 137
List'! of returne, when taken and bow denominateli ......... . 3181 18 Returns by (IU Alll!ei!8IIlents) ............... ............... .... 341.,:_3416 ISS
Beer. (Su Fermented liquore.)
For deficiencies and for excel!l! of materiels ueed in the production Bowling alleyt~:
\. of spirits...... ............... ............... ............... 3309 121
130 Definition of ............. .
A.:-.;idents, definition of............... ............... ............. . Proprietors to pay tu. ........... · • .. • · .. · · " .. · .... '"' · .. · • · .. • ...... · • ·"' " .. · ...... . 96
Unavoidable accidents, definition of ............... ............... . . 131 Brand7: .. · ...... · · ........ · · · · · .... · .. · .. · · · "· · · .. · · ~ . · · · · .. · ~ "· · · · · .. ~ 96
Diligence, definition of. ............... ............... ............ .. 181
Tax of 10 cents per gallon when gauged for fortification of wine..... •a
Of ta.xee on circule.tion of be.nke r.nd ba.nkere and on notee paid ......•. 141
oUt (Itt CIRCULATING NOTES) .............. .............. ........... . 136 1
Act of Mar. 3, 1877, p. 213, Compilation or 1900.
Definition of a bank or banker......... . . .. .. • .. • • • . .. • .. • • • 3407 136 'Ac& ol Oct. IR, 188S, p. tt4, CompilAtion or 1m
• Aotlune 7, 1908.
'A.et of M:Q 28, 1880.
172 INDEX . INDBX . 178
Brewen: hot lOll. .......31 ColilD lt..don er of Intern al R&Vla nue-Co ntinued
. 8eotlon. Pap.
••••••• •••. 32« in ware-
Definit ion of..•••••• •••••.• ••••••• ••• ~ •••••.• •••..•. To 111ake &111681l1Dent "" apirit.a removf d withou t dePosit
•.••••• .•••• ~ .•.••.. ...•... .••••• .. 32« 31 house ....... ....... ....... ....... ...... . 3253 101
B~ial tax of ....•••• •••••.•
Broke n: on diatille ra for deficie ncies a.nd exC888 of
•••••• ••..••. •.•• 93
ma.teria.ls used ....... ....... ....... ..... ,.
Definit ion of .....•.• •••••• •••••• ••.••.• ..••.•. .••.•.. 3309 121
• • • . • • · · · • · ••· • • · • • • • • • • • • 93 en fermen ted liquor ....... ....... ....... . . 3341 108
Special tax of. ......•• •••••• •• : .••• • ..••• • •.
Butter , adulte rated: for export stamps issued ....... ....... ..... . 3314 104
••
l.
•..••• 111 on tobacco , snuff, a.nd cigars remov8 d
Stamp tax on ...•.•. ........ ........ ......• ...•••. •.•...•
not tax paid ...•...• ••...•. •••••• ••...•• • 112 withou t being stampe d ........ ........ .... . 3371 107
A~ent for remolva l
Butter , proe - or renova ted: of stamp ta.xea within two years ......•. •.... 3437 152
•••••• • 111 on fruit brandy remove d withou t compli ·
Stamp tax on ........ .....•.. ...•.•. ...•••• ••••... ••.••• 14
...•... .•...•• 112
A - e n t for remova l not tax paid .......• .•..••• a.nce with la.w (sec. 8, act Mar. S, 1877,.
104
Capacl t7 of diatille ey: · p. 213, Comp. of 1900) ....... ....... ... .'...... ...
•••••• 8309 121 on • oleoma.r-Prine remove d withou t being
Eighty per cent of, b&ll18 for taxatio n ...•..•• .•••.•. ••••.•.
Cuua lti•: stampe d (sec. 9, act Aug. 2, 1886, aa
• • ••••• • . • · .. · · · · 102
amende d by act of May 9, 1902) ....... ....... .... . 109
On spiri ta in warehou.ee ...•.•• .• • •..•••• .•••••• ••••••• 1 9
Champ acne: on filled ch-e. ....... ....... . . . . . . . . . .. • • • 114
328 105 1 40
•••••• •
Tu on ....... ....... ....... ....... ····.·· ······· ·······..••••• ~. on mixed flour. . . . . • .. . . • • . .. . . • . . . .. . .. • • • 115
141 • 4
Tu of 10 centa per gallon on brandy ueed to fortify wine on adulter ated butte r...... ........ ........ 111
butter. . . . • .. • • . • .. . . . .. . .. .. • 4
Child: on renova.ted 111
1 .....••• •••• 3241 26 US
Of deceue d, special tax payer may carry on. buai.ne111 on playing cards ....... ....... ....... ....... .......
.
ctean and aieare tt•: on winea ....... ....... ....... ....... ....... ...... 105
....... .... 8394 107 tion of
Tu on... ....... ....... ....... ....... ....... ....... on wine apirita withdra wn for fortifica
.... 3398 108
Abaence of atamp, eviden ce of nonpa.y ment of tax... ........ wine ....... ....... ....... ... _....... ....... .... . 141
two yea.ra.. 3371 108 ng or col·
Bold or remove d withou t stamps may be a.aaeaaed within To make regulat iona providi ng mode or time of &11888i
l-reven ue tax to be paid in additio n to duties. . 3402 108 lecting tax ea ....... ....... .... _......• ..• 3447 5
Import ed, interna
in regard to retuma of penona liable to tax.:
·.··.·· .·····. ····· 97
Ma.nuf vturea of, special tax ..•.•.. ..•••• .•... · ...•. ....... .
3173 5
Circul atinr not•: To preacri be form of return of persona lia.ble to ta.x ........ 3173 10
341Sa, 341Sb, 341Sc 136
Other tha.n of na.t.ional ba.nb, tax on. . • . • . • 3412, 3413, ma.nner of giving notice tha.t tax is due ••...•. •.•••• 3186 156
Circua .•: Compo und liquon :
• • • ••••••• • • • ••••• • 95 ....... ....... .
Defini t.ion of ....... ....... ....... ....... ....... .... Tax on ....... ....... ....... ....... ....... ....... ....... 105
. · . · · • •. · · • • • · · • · · • • • • • •• • • • • • 95 Compr omi8e:
Special tu of ..•.... ....... ....... .•.....
....... .. .
Closing out bua.ine u: Amoun ts receive d in, to be reporte d on aeaeeament lieta 3229 163
for ....••.• ••••• 52 ....... ....... ..•.... ....••
Retail liquor dea.lera not liable aa wholeea.le liquor dea.lere Cordials ....... ....... ....... ....... ....... 105
or inaura noe
Cluba: Oorpor ationa, joint-e took oomp&JUee, auoc::l ationa,
· · • · · •. · • · • • • • · · · · • · • 55 oompan l.ee:
Salea of liquon ........ .....••. .•••.•• .•••• • •• • •.. · ....... .... • ...... • 28 ....... ....... ..
C. 0. D. shipment.a ....... ....... ....... ....... .....
' Definition of. ....... ....... ....... ....... ....... ....... 119
....... . ~ ...... .
Collec ton of intern al revenu e: Specia.l excise ta.x of ....... ....... ....... ....... ....... 149
..... . . 3172 9 ....... ....... .. .
To cause deputie s to ca.nvaae dietri cta.... ........ ........ Exemp tion ....... ....... ....... ....... ....... ....... 119
3163,31 73 14 ....... ....... .
Ma.y summo n pen10ns to be examin ed ....... ...•... ....... ..... Income tax on ....... ....... ....... ....... ....... ....... 119
.. . . 3176 17 Ootton tuturee :
enter premise s a.nd make list or retuma a.nd a.dd pena.lty 117
where taxa.ble articles are kept in da.ytim e... 3177 17 ....... ....... .
Tuon ....... ....... ....... ....... ....... ....... .......
to pa.y ta.xes ....... ....... ....... ...... 3184, 3185 166 Cua.toiDhoua.e broke n:
To give dema.nd notice
•·•·••• ····· · · 166 ....... ....... ...... 94
collect lloiiii68Bed taxes by distrain t .......•• ••••••• ••••••. Definition of.... ....... ....... ....... ....... ....... 94
.. 33H 104 .. • . • • • • • . . .. • . • • • • ..
a.mount due for export stamp s...... ........ ........ Special tax of..... .... . . . . . . . . . . . . . . . . . . . . . . . • . • ..
Comm.i&eioner of lntel'D al Reven ue: Dealer e in liquon . (Su Wholeea.le and reta.il.)
ii~temal rev·
Genera l duties of, aa to 11o1111888ment a.nd collecti on of 5
Death:
26
.••.... .. .. 321 ....... :.. 3241
enue ....... •....•. •••..• ....... ....•.. . •.... ..• . Of penon having paid special tax ....... ....... .......
taxes a.nd pena.lti ea •.•••••• •. _. .... 3176 3182 6 Defini tion of-
To make - e n t of specia.l
........ ........ ...... 111
• .lel of Juno 7, 11100. Adulte rated butter (act May 9, 1902 )...... ........
I Ac~ ol MaJ t, IIJZ.
Brewers, par. 1..... ....... ....... ....... ....... ....... .......
. 3244 31
F en ted liqu~n, pv !'> .................................. •: 32« 79 May canyon busine1111-without additional special tax ............ . 3241
Exempttona (1u Stamps): 26
F~ cb-e!~~-~~~-~·-~~~~~:::
3 92
::::::::::::::::::::::::-. 3244 M Jo'ee11 for furnishin)l copies of Record 10.......... . • .. . .. .. . . .. . . • 1 3240
Ui9
Liquont, pv · A ) ............... .. 3 87 Exbibitiona, public ................................................... ..
Oleomvgvine (ac\ ug. 2 ' 1886 .. · ...... • · ............ .. ll'alae: 96
4S 141
Wine epirlts ....... · .... · · · · · · · · · · · · • · · · · · · .. · .. · · Return for special tax ................................................ .
Fermented liquor. (ue Brewers): 142
l)emand notice: ........................ 3184, 3181'> 11'>6
Fortaxes .......................... . Wbol-le and retail dealel'tl in, to pay tax ...................... .
3244 65-76
Deputy oolleo~r: . . .. .. • . .. .. . .. . . . .. • • • • .. .. 3172 9 Taxon .......:-.............................................. ..
3339 108
To eanvaell dut.rtct. · ... · · · · · · · .. · · · .. • • • • . • • .. . • • .. • .. .. . .. l\173 10 A~ of s'tamps on notice that tax not paid .................. .. 3352 108
Duties of, relating to returnll ....... .' ~:::. . . . • . . . . . . . . . . .. . • . • .. • $17• 16 Jl'itteen months:
T 0 11erveaummona ....... · · ... · · ·· . . . . . .. • .. • . 3176 17 Limitation 1111 to aeee!lllmente .................................... .
· • d make returne .... • .... • .... · · 3177 Jl'itty per cent penalty: 3182 161
Mt.y enter prem1see an . 1 bJ'ect to tax ve kept ........ • 17
building where artie eeeu A811easment of .............................................. ..
Filled cheeee: 3176 142
:oe 1 tructton: . . .. . . • .. • .. .. • .. . • 3221 102
Of spirits by a.cc~dent.: .......... ~.f~;~~r~ium... ............... 3309a 124 Definition of ...................... , ............ ,............... 1 2
114
by &ecldent m proceee Tax on domestic.............................................. 1 9
llli
J)latilled epirltll: ............... . 148 98 1u imported........................... . . . • .. .. . .. .. . • . • .. ,n 115
T ax o1 •uo
•
""r proof gallon .......... : .. • .... ·
.-- . . • roducbon ................. .
...... . 3309 121 All!ments...................... ... • . • . . .... . • . ............ ... 2 10
114
A••ment for detlc1enclee m P 'th t dennait fu wvehouee. · • · • 325!1 101 1mported filled cheese ......'................................... 1 11 lll)
of tax on removed WI ou r- Manufacturer, definition of..................................... 'S
. so T\Af ~ent ................ · .. · .. • · ........ • .... • · .3300 121 9?
Capaclty tax, r: b fire ...... : ................... . si21 102 Wholesale dealer, delinition of......... .. .. .. . . . . . .. .. • .. .. .. • .. •3
92
Allowance for loee m warehouse y destroyed by accidental fire. Retail dealer, definition of...................................... •3 92
Abatement or refunding of tax on, ........... 3221 3223, S309a 102 Manufacturel'8 and dealers to pay special tax. (Stt! Special taxes.) ..••.••• 92
etc ................................. ······· 1 P'inee (Itt Penaltiee).
ll'iree:
J>iatiller: . 111!1181111011»'- when deficient........ •• .. S309a 123
To be notified of proposed f ld Jcing capa.clty ..............·•••• 8809 121 Accidental in dietilleriee ............................................... . 12<1
pay tax on 80 pet Cllnt o pre I
I Section 32f0, 111 am ..nded b7 tbe act ol .I 111M 21, 1906,
• Act ot June 6, 1806.
JNDKL JNDKL 177
176
Le.kap :
J'lve per cent penalty: . . p.,._
lleotlon.
Wheu exceuive , epirite to be withdraw n from warehous e ....••••. S29S
When payable .. ·· • · · · • •• • • • • •• • • • • • • • • • • • • • • • • • • • •• • •• •• • •• • · 100
Flour, mixed: for exportatio n ......... . 88806 134
· ISl) 11~ for tranafer to manufac-
Definition of ... •······••• ···•••••.• •••·••·•• ••••••••• •·•••·••• •• 140 n&
~:':n :~."."."::::: ::: :~:: :::::::::::::::::::::::::::::::
turing warehous es ... , 34886 134
I 42 11&
41 116 Commieeioner's power of 11111114!Mment in cue of omieaion, etc......
~==~-.-~d-~k~~~-~~-~~<~-s~;,j-~~>:::::
I
3182
t 36 19 Liqueur . ......... ......... ......... ......... ......... ......... .........
.
For KPOrt. not taxed ... · · · • · · · · · · · · · · .· · · · · · • · · · · · · ' · · • • · • • • • • '44 116 Liqtiora (.a Diatilled epirita, Fermente d liquors, Special taxes):
Compounds of,• tax on ......... ......... ...· .. .. . . . . . . . . . . . . .. .. . . . . . . .
P'orei~ corpora~ona: . ..__ . 10~
.•.••• • •.••• • ......... .. 120 Retail deal ere in, special tax...... ......... . . • . . . . . . . . . . . . . . • . • . 3244
Liable to speci&lexC188 . - & · • • • • • • • • • • • • • • • • • • • 48
Whol-le dealer, epecial tax..... .......... .......... .......... . 8244
P'orma: M
Collector's receipt to taxpayer for taxee ... ; ...•.•... ....• SIBS 163 Liata:
No. !:
Notice by deputy collector in cue of epecaal taxee.. .....• !~~!
12
11
Or return& of penaona liable to tax ......... ......... ......... ... .
To be u:~ade by collector or deputy in certain cuee .......... .•••.
3173 10
11. Return of epeci&l·tax payers. ····:··:·· ·········· ·······' 3309 3176 12
15. Monthly return of fruitrbn.n dy diat.lller ......... ........ . 127 Annual, monthly, and epecial .......... ; ......... ......... .... . 3181 18
. h ~ tax becomee due and payable. ... 3184 1116 Special or monthly, with errore corrected, may be certified to col-
17 Not.acew en an d t
21: De~d notice for tax, li per cent penalty, an 1 per cen3184 31~
lectors by commiMioner ......... ......... ......... ......... . . 3182 6
1~7 Jlalt Uquon (~«Fermented liquors):
per month interest _..········ ·········· · · · · · · · · · · · · · · . . '
3182 161 Wholeeale and retail dealers in, to pay special tax ........• .... 3244 7~79
~-
2
~~~~~;·c~~~~~~-~il~~;f~;_~~~~:.. 3172 9 Jbnulao turera ot mcarette a: .
· • port of muauing at fru_lt-bn.ndy d1etalhmee. · · · · 127 Special tax ......... ......... ......... ......... ......... ......... ....
~9i. 0 auger s re ..-..... . . 3291 . 97
67. Bemiarmur.l return, bank CllCUlr.tio n .......... .......... . . 139 Jlanutao turer of c:ican:
69. Distraint warra-nt .......•• ..... • ........•• •..•••••• •••• 3187 166 Inventorie e, boob, and monthly abstracts .........• .........• .•• 3390 97
166. Report violations internal-r evenue law..... .......... .... 31 Special tax ......... ......... ......... ......... ......... ..... .
. Jlanutao turer of o1eomar carlne:
3~ Report of .-888d taxee ........... . ····· •........
........ - ....... .
167
· . ~ .-.men t brandy deficien cy········ ···· .. ••••• 161 Special tax ......... ......... ......... ......... ......... ..... . 13 81
6983. Notice prot""""'
~. Notice proposed ._men t,' epmte . . d e fi · 123 Jlanutao turera of adultera ted butter:
69 c1ency .......... .......... .
Definition of .......... .......... .......... .......... ._....... .. 1 4
89
~t -e\x pounds to the bUllhel in determini ng quantity of, U88d at Special tax.. .. . .. .. . . . . .. .. . . . . . . . . . . . . . . . . . . . . .. . . . . .. .. . . • • I 4 89
di~llery. · · · · · · · · · · · · · · · · · · · · ·.· · · · · · · · · · '· • · • • · · · • · · · · • · ... 3309 121 Jlanutao turera ot proce.. or renovate d butter·
Definition of....... .......... .......... .......... .......... .... 14 92
Gn;pe brandr: · · t 18 104 Special tax. . . . . . . . . . . . • .. . .. . . .. . . . • . . . • .. . . . . . . . . . . . . . . . . . . •
b ..--11 and collected by dietralD · · · · · · •· • · · · · · · · • · · 14 92
~axv::ne ':elating to, made applicable to brandy from apples or 127
Jlanutac turer of atilla: '
~88- •• ••••••• •••••••••• • ••••••••• ••••••••• •••••••••• ••• •••••••• Special tax and definition of........ ... .. . .. . . . . . . .. . .. . .. . .. . ..
Manufac turer of tobacco:
3244 37
Imitatio n wine•: • ••••••••. . . . ••. •. . . ••• Inventorie e, boob, and monthly abstracts ......... . . . . . . . . . . . . • .
Tax on .....•.... . ·••·•···· ·········· ·········• • 105 8308 108
AM88Bment on, for tobacco, etc., removed without stanlps. .... . . . 3871 108
1m rted cigars, c:igarett811, tobacco, anuft:
3402 108 Special tax..... .......... .......... .......... .......... .......... .....
~ pay internal-r evenue tax.···· ·········· ·········· ·········· ·
0 Kanutac turera of mixed flour:
97
Imported oleo;mar rartne: .. .. 111 Definition of....... .......... .......... .......... .......... ....
T on .• : ...•.. · · · · · · · · · · · · · · · · · · · · · ··· · · · · · · · · · · · · · · · · · ·. • 10 1 35 92
ax · ti 4 iDt-etoclt companie a, etc.···· ·········· · li9 Special tax. . . . . . . . . . . . .. . .. . . . .. . .. . .. . .. . .. . . . . . . . . . . . . . . . . . 1 36
Income tax on corpora ona, ~ 0 92
Income tax on individua ls .......' ......... ......... ..... . ...••.•••• •••••• 1i9 Katch811, phoaphor ua:
Tax on...... .......... .......... .......... .......... .......... .........
Interet~t, rate of:
117
. . ........• ....... 3184,3185 155 :Mixed flour (au Flour, mixed) .......... .......... .......... .......
On taxee overdue..•. ••••• • • • • • • • • · · · · · · · · · • 35 11~
KonthlJ retu:rna:
Inventor lea: 3358 108 Of p81'80nsliable to tax..... ......... ......... ......... ......... .......
B manufacturere of tobacco and snuff ..•.•...•. •.•...•.• .•.•.•. 10
y ci.gv 3390 108 Narcotic a: (producen , importel'l!, manulacturel'l!, dealel'l!, etc.):
manufacturere ..• · · · · · · · · · • · • • • • • • • • ••••••••• ••••••••• Definition of...... .......... .......... .......... .......... .......... ...
Lacer beer. (See Fermente d liquon.) 93
Special tax on...... .......... .......... .......... .......... .......... ...
93
I Act of June 18, 1898, u amended b7 act of Apr. 12, 1902.
• Act of June 6, 1896. . 1 Act of Aug. 2, 1886, a• amended b7 act of Mu II, 1902.
218 Compllatlo o Iotemal-R eveoue Lt.wl, edition
1 Section 8 , act of Mar. 8, 1877, pale • 1 Act of May 9, 1902.
t900. I Act of June 13, 1898, u amended by act of April 12, 1902,
1886, p. 272, Compilatio n lnteroai-Re veoue Law•, EdltloD
o SeetiOD 10 act of AUlf. 2,
24918"-- 18----12
tllOO.
178 INDEL . INDEX.
179
Beet! on
Nationa l banb: Pl&yina Carci8:
Taxee on notes of penons, municipal corponoti:>ne, etc., used or paid Stamp tax on ......... ... .
·~
3413 137
out by...... .. . . . . • • . . .. . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . 3412, For export excepted ...... :.·.·.·_~::: .. ~ · · · · · .... • • .. • • • • • .. • .. • ..
113
Semiann ual returne to be m&de of amount of such notee.. ....... .
3414 138
A~ents for removal, not tax ·:d .. "···· .. ·····" .... ··· .. ••
113
Notea (•u National banks): Porter. (8u Ferment ed liquors.) pu ··· ......... ..... · · • .. •••• 113
3a& b 137
.Of banks or per110ns paid out, t&x on ........ ........ .... 3412,341 Porto Rico:
or municipa l corporati on, tax on ...••... . 3413,341 3a& • 138
Of town, city, Articles imported from ......... . _.
········· •······· ········· ·••• 140
Notice:
3173 12 Pou~onot:
To be left pv deputy collector for absent per110ne..... . . • . . . . . . . . Apparatus for refining dimlled spirits by wh la.I li
or ret&il liquor dealer creates liabilit . u ~tifi e q~or dealer . .
.,n, by collector ........ ........ ........ ........ ... 3184, 3185 155
To taxpa)
Occupat ion: ProcN8 Of renovat ed butter: y er........ ........ 39
More than one carried on at the &&me time and place, special tax to Stamp tax on ......... ... .
be paid for each ........ ........ ........ ........ ........ ........ .....
. 24
A~ent for removal noi ~- · ~d ·.. ·.. ······-·.. ···.. ···.. :· 14 111
Not to be carried on in more than one place at the l!ll.me time with·
..... . 25
Produal ng capaalt;y : P .... " .. • • • • • • • .. • ........ .. • •• 111
out payment of tax at each plactl ........ ........ ........ ........ Of dimlleri es, how determin ed ...... .
On which special tax ia imposed, not to be carried on until tax is Tax to be paid on not !011 than so per·~;~t··; · · · .. • · .... · · · • · • · .... • ... .
0 • · .. - ........ ........ ..... .
121
.. 21
paid ........ ........ ........ ........ ........ ........ ........ ...... Proftta, exc-: ,
121
Oleoma rgarine (r•lored and uncolored): Tax on ......... ......... . .
I 2 81 · ........ .
Oleomargauue•defined. •. .. .. . .. . .. . . . . . . . . • .. • .. . .. • • • . . . . . . . . . 1 Prohibi tion territor y: • • • • .. • · · .. · • .. • · • .. • .. · · · .. • · · · · · 120
taxon ......... ......... . , ........ ........ ....... 8, 10
1 109
lllBUance of stamps for
impor ted.... ......... ......... ......... ........ I 10 111 Proof eaUon: ............ ............ ............ ............ ............ . 53
..... ... . • . . . . . . . I 9 109
A~entll ......... ......... ......... ·........ Of spirits, tax on ......... . .
I 10 '111 •• • · .. • .. · .... · · ...... • • • • ...... • • •.
Imported oleomargarine ....... : . . . . .. .. . .. .. .. • .. . .. . • . . .. .. . .. Proof apirita (distilled ): 3251 98
I 3 81
Manufacturers, definition of...... ..... . . .. .. . . . . .. .. .. .. . .. . . .. Taxon ........ ....... .
special tax of..... .. . . .. .. . .. .. . • . . .. .. .. . .. .. .. •3 81 · ••••• ·•• ·••·•· ·•·· · •· •·•••• ·• · ....... .. 3251 '98
Publica tion:
13 85
Ret&il dealer, define d....... ......... ......... ......... ........ Notice of aale under distraint
1 3 87
Wholel!ll.le dealers, define d....... ......... ......... ......... ... Public ezhibiti olia or aliOWII to~·~~~-····· t...0 th ... · · · · · · · · · · ... - ........ .. 167
of ........ ........ ........ ........ ........ ........ ... 1 8, 1 10 109 ated: e;y no erwiae enumer -
Tax, mte
payable by etir.mp s.......... .... . . .. .. .. . .. .. .. . . .. .. . . . .
19 109
1 9 Definition of ......... ......... .... .
when tobe81 !Be1!8 0d...... .......... .......... .......... ...
109
Special tax of · · ...... · · · · .. · .. • · --- .. • · ......... . . 96
Railroad pauen~~;·t;~~:-· ·· ............................ ········ ······ ······
··· 96
Opium, amoldng :
• 36 112
Tax on..... ......... ......... ......... ......... ......... ...... Special-tax Bt&mp may be i88ued for
...... . 108 .. · · · · · .. · · • · · · • • .. · · .. · · .... · · · · ·
Papers, cigarette ........ ........ ........ ........ ........ ........ Real eetate:
.Pawnb roken: Seized and I!Oid for taxee
Definition of. ........ ........ ........ ........ ........ ........ ........
.....••. .••
.. 94
94
ReuaN 8ment: ......... .. . ···················· 3196 166
Special tax ........ ........ ........ ........ ........ ........
May be m&de within 15 months
Pea.chea : Receipt a: .... · · •.. • • •.... • ·" ·" · .. • · : .. • • • • 3182 6
18 104
Brandy m&de from, tax may be aBBeBBed and collected by distraint . By collectors, etc., for all sums ll88088ed
.. · ........ • • • • .. • · • • · • • • • • 3183 163
Penalti011: RectUI.e n:
3185 155
Five per cent.. ......... ......... ......... ......... ......... .. Definitio n of ......... ......... .... ..
000·; ·······
3176 142 3244
Fifty per cent.. ......... ......... ......... ......... ......... .. To pay special tax, and not to carry on·b~-~~-~Url ·
39
table of.......... . ·...... ~ ........ ........ ........ ....... . 147,
distillery, cl. 3.. ..... ..... . n eet f:rom
3176 142 ........ ........ ........ ........ . . 3244
One hundred per cent.... ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Regiatr;y: 40
method of computin g ......... ......... ......... .. . 147
Death, removal, etc., of per!IOne having paid omecial tax
3175 16 · • .. " .... 3241 26
For failing to obey summo ns........ ... .. .. .. .. . .. .. .. . .. .. . . .. . Regulationa: -.-
3176 142
failing to make return or making false return. ......... ...... Commissioner to prepare. (Su under Commt81!lo . . )
3415 138 ner.
bank, etc., refusing or neglecting to make return and paymen t. Renova ted butter:
Permit. : Stamp t&x on ......... ..... ..
To brewer to conduct businOBB at another place on account of acci- AaeeBBment for removal not ~- p· ;.Jci·......... •••.. •••....
•••••••••.........
•••·••........... Ill
3350 32
dent ......... ......... ......... ......... ......... ......... . .: . 111
1
Phoaph orua matchea : Act ot Aug. 28, 1894.
. 117
Taxon ........ ........ ........ ........ ........ ........ ........ ....... • Act ot May 9, 1902.
NO. 1