The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-05-15

ScHibeF 0ls are tdAaDlef auu suOuiu DC Icthth-
ed by executors or administrators. and also
all income which accrued in 1866 TO persons
who died within that year. Income when
accrued from the estates of such persons IN
1866 after the date of decease, should be re-
turned by the heirs or other persons who re-
eeive the benefits of the same
n. Residents should make return IN the
district where they reside at the time OF ma
king return. The residence required under
section l16 for the purpose Of taxing income
is held TO be a residence during the year Tor
which such income is derived. III any
persons subject TO income tax resides abroad
his return shonld be made in the district
where he last resided
IS Citizens Of the United States residing
abroad are subject to tax upon their entire
incomes from all sources whatever; and the
same Is true of foreigners residing in this
country.
% The law provides that like tax shall
he levied, collected ard paid upon the gains
profits ana incomes of every business, trade
or profession carried on in the United States
by persons residing without the United
states and not citizens thereof
80 4 lease for years or for life IS personal
estate, aud any profits on the sale OF such
lease are taxable as income for the year of
sale.
81 Where any portion Of a legacy has
been transferred by the executor TO the leg
atee so that the executor in his capacity Of
guardian or trustee has no longer any con-
troll of the profits arising from such legacy,
the return of such profits income must be
required Of the legatee
y The payment Of legacy OF succession
tax on the Request of an annuity does not re-
leve the annuitant from liability to income
tax on his annuity
33 Assessors should be careful not TO al
low the deduction of amounts claimed To
have been lost in business, when in reality
they should be regarded as investments or
expenditures, as when merchants eXpend
money in farming IT gardening for recrea-
tion or adornment rather than peeunIary
profit.
81. Whenever scrip dividends are return
able as leone they should be retufned at
their market value.
g. II is believed that in many instances,
in the assessment Of income for former years
persons holding United States securities
have not included the ACQUIRING interest IN
their return of income Assessors should
ipuaire especially into this subject, aud II
the omission has been made, the deficiency
should be assessed, but without penalty
when it appears to have been due to a mis-
apprehension Of the law.
80 The attention of assessors are particu-
larlv called to the terms of the act in force,
which require to be included in returns of
income the share of any person of the gains
and profits Of all companies, whether incOr-
pomted or partnered, whether divided or
otherwise.
SPECIAL TAX.
Section sevcnty-four requires all special
tax receipts (exeept in case of auctioneers,
produce brokers, commercial brokers, patent
right dealers, photographers, builders, insu-
rance agents, and pedlers) to specify the
place at which the business is done, and the
word place as here used Is constructed to
mean the premises occupied by the tax-pay-
er in the prosecution of his business, whether
the place be q siugle room, IN "a building con-
tanning many rooms, or whether il be several
buildings standing upon the same premises
and used for common purpose. But there
arc certain branches of business which are
not restricted to such premises. as it Is pro-
vided in the act that lawyers, physicians
surgeons, dentists, cattle brokers and horse
dealers may do business at any place what
ever without being subject to additional
special tax. Proprietors of circuses, jug
gleTs, &c. must pay n special tax for each
State III which they exhibit.
2. The special tax of dealers must be
assessed upon the basis of all sales made
either by themselves or through others, eX
cept those through other wholesale dealer:
on commission.
3 Manufacturers may, without additions
liability, sell their wares at the place o.
manufacture, or at their principal office
provided no wares are kept, except as sam
pies, at such office. But if manufacturer
sell at his factory, or at his Office, goods not
of his own production, he must pay tax as 8
dealer if such sales exceed $1,000 annually
aud such tax will be assessed upon his sales
of such goods only, and not upon sales oi
his own manufactures
a. Special tax receipts are not transfera-
BILE, but i'll case of removal the tax payer is
liable to additional tax, unless the fact OF
removal is registered, as provided III section
IS.
s. The tax required under the proviso TO
section IS for all or either two of the classes
OF business therein named is twenty-five dol
lars.
6 The special tax of bank should ho as
sessed upon its chaTteTed capital; that of a
2 4 ltsAcT upon the amount of capital used OF
employed.
T. Whenever retail dealer is found to
have made sales exceeding S25, 600, he shou id
be assessed as wholesale dealer from tn
date of his liability as retail dealer The
collector should indOrse upon his tax re-
ceipt the amount of reassessment paid.
3. The liability to special tax depends in
many cases upon the question whether the
party makes n business of doing the acts
specified. Occasional acts do not render a
person liable to special tax, but 1T Is not
necessary that the business should be his
sole business, or even his principal one, in
order that he may be held liable. If a per
son holds ont to the public by advertise
ment, by words, deeds or writing, that he is
ready to transact any kind of business sub
iect 10 special tax, he must pay such tax,
although the business IN question may not
be bis ehiefOr exclusive occupation In the
following named occupations and profess
sions even occasional acts do not appear TO
be allowed nv the terms of the law without
NH 10
liquors, lottery-tiekets dealers, distillers
brewers, rectiiers, coal oil distillers, insu-
rance agents, peddlers, photographers, cir
euscs, iugglers. bowling alleys, proprietors
of gift enterprises, and lawyers.
9 Wholesale and retail dealers may dc
business as eontectioners and apothecarles
at the same place without the additional
special tax.
10 Under the act of March ,, 1867, re
tail liquor dealers may sell liquors in guam
titles of more than three gallons at one time
TO the same purchaser without being there
by rendered liable as a wholesale liquor
dealer
IL. Wholesale dealers in liquors may sell
liquors at retail, and both wholesale and re-
tail dealers in liquors may sell other mer
chandise, and may sell liquors to be drunk
on the premises, without payment of add
tional special tax, but all sales must be in
eluded III the basis of their special tax as
dealers.
Il If the sales ola retail dealer in liquors
exceed SO coo, he should be reassessed as a
wholesale dealer in liquors the collector
should enter the amount of reaSsesSment
paid him upon the tax receipt.
IL Hotel keepers may feed the horses OF
their guests without paying tax as livery
stable keepers.
a. fla produce brokers' sales exceed SlO,-
600 annually, he shonld be treated as a COM
mercial broker OF a dealer, as the case may
/ be.
10 Peddlers may buy up produce to sell
again as peddlers without liability as pro-
duce brokers Produce brokers cannot ped
die produce from house to house without in
curing liability as peddlers.
To- Original or unbroken packages or
pieces, as referred to in paragraph - Of Sec
ton 20, are held to be packages or pieces
sold just as they come from the manufacture
er Wholesale dealer, or importer, without
being broken or divided.
Il Brewers and rectifers may sell their
liquors at the brewery or place of rectitica-
ton in large or small quantities. either to be
drunk on the premises or not, without pay
ment ofother special tax. Brewers and rec
tifiers may also deliver their liquors upon
orders previously received to their regular
customers about the country without pay
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