The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-21


actually sold on the e4th Of october, 1851, and
possesslon taken under the sale. OF course this
could no, be accomplished until all the con-
nlcting interests-the nine different classes OF
ndholders, the secured creditors the unse-
cured creditors, and the stockholders had been
harmonzed and satisfied; nor until legislative
acts adequate to meet q case such as had never
before arisen, either here or 10 England had
becn devised, prepared, and successfully passed
In four different States. All this was accom-
pshed principally under the advice aud with
the labor OF Mr.. Tilden before the close OF tho
year 1sel. Ills engagements on account OF this
railroad during that whole period were con-
stant and engrossing. Whatever pay he re-
ceved was for the entire service as whoie-t
was not itemzed or spportioncd.
The Income Tax law went into encct on tho
first Of January, 1852, and the incomes falling
under its operation we're those accruing from
and after the said first day of January. 1862
Income which had accrued before that time
was exempt from Its operation.
do not think 1t necessary to occupy much |
time or space in discussing the legal aspects OF |
this income question, or In sustaining the right |
OF citizen to receive and retain fee from In
come tax. moneys which no had already earned |
by his own labor in years when no incometax
existed.
The rule on this subject was early decl,red
and promulgated by the Internal Revenue
Department itself, and is in full accord with
these views.
In 1858 the Hon. George 8. Boutwell,. then late
Commissioner Of Internal Revenue, prepared
| a Manual OF the Direct aud Excise Tax sys-
| TEN, ;" which Mr. Secretary Chase officially sp-
| proved and authorized.
| Under date of May, 1869, this Manual contains
| (pp. 213, 27D the following decision by the Com
| missioner OF Internal Revenue:
| A merchants return Of income should cover
the business Of the year 1867, excluding previous
years:
| Physicians and lawyers should include actual
| receipts for services rendered W lSt2, together
| with an estimate Of unreazed or contingent
| income duo to that year
In view OF these decisions and ofncial instruc-
tions OF the Internal Revenue Department, MIR.
| Tilden's income return for 1852 was made up,
| 80 that, even II a different view had since been
suthoritatively held and expressed. Mr. Tiden
| would stand completely justified. But there 10
no authority for any different view.
with these preliminary observations. will
proceed TO examine the fabrications OF the
Times IN detail. The following is a copy OF the
Timess statement:
InE FALSE INCOME RETURN OF SAMUEL J. TIL
DEN FOR lSS.
A Jacsn1, or ne Demo,rlnc cagddlis's Andort,
rirciEg taough ulcopplefe skOtciHg trhich cgureis
NJ. Itisa 4 ps'JaiV ana o, chediing Ae Gotsra-
Income OF is6s
Some H,ms n ne ldiiegedl Trie strt,meri.
fsS Decd T 10 Ss fsrcsss ans M'S o
TitIs6ursh,Fort Wayne and Chicago R,iirOad ..,.
rsS rSS%ga9s sud EXPENSE. With references ''''
to order aHt q fcSart pirt,Sarsh Fori %syns aud
nsieS i-fcr r'S srataS. tnHp'& &C. firs Mortgage
P nySS ana cse.s roSS compsSy 5000
bursh.t or Wayne and Cheag Railroad Com . .oo
|
burgh,For Wayne and Chicago Railroad Com. 20.
Msre6 Mre Fecs Tor dual convey ance 10 Rlway
las a {S'sI Ss I'D 9os GS.a GSsy sSSS
Scds 81 e. oa 2 xSn .nS SGTEs es hsas
l.srosd Company a. PSr i0Ooo
posa company a. per afdavit 10000
SoTihw,sterS isaro al Company s,,.','....,, 10000
road COMPANY 1900
; connee ted with reeonslruetion OF chicago q, ooo
sq, S S9T rus ee aad FresieeS, oi Baance Dry
Dock Company lppo
; 500
DKDvcr.
For expenses Of ONCE, repair. and taxes 500 -
For fees received out not earned In levsl<Jvo-lpVDu
Net income on Democratic interproA. 49,.
Net i'I income as sworn TO BY Mi. tden... 7,lls
Professional income frauduently $500.
ceAltd toAoo-
SUMMARY.
amount Amount J Tur
cent. ............... '....i,- ssgO)o tLi5O o,
| three per ccnt.....,....... Illb El5 9'
U Portion Of unpaid debt TO
o tue G0Tciument......... N,Sjo Al
l. EXAMINATIos OF ITEMS
= First Hcm.-Tnis is catered under date OF Feb
10, 1852, as Fee for Trustees aud Master Com
g mlssionor's Deed, &c, 5000"
l. 4. y.~.. -
n lected by Mr. Taden, or any ons on his behdU u
- the date mentioned, on at any other time.
o The instrument itself was simple trustees
"a and mBsters deed, principally consisting OF re-
IS | citals adapted to the case Of a railroad fore
closure, aud peculiar chiefly In the magnitude
o OF the property conveyed The preparation o
II such an instrument could form item o.
= charge worth considering In payment for ar
Z entire service Of years. and no spseVto ehdrg
j. uhdterer ever made for It.
Il Second Item.-Feb. rs. Fees and expenses
WITH reference to Deed OF former Railroad Com
d panv, pursuant to order Of Court, &C. t2,1O."
a No such chatge ipds erer made, rendered, VI col
lcoted Nv Mr.. Ipden.
d, In point Of fact the document, which Is no
1t quite SO long as an ordinary deed and WAS in
r. tended TO have tho effect OF a quit claim, wa
IL not drawn by Mr.. Tden at all, but BY Judge n
ia II. SwaYne, now OF the L. s. supreme Court
N Mr.. Iilden was never PAID Tor II Ia any shape.
n 1hird Iem.-Murch l. FOR drafting, Sc
N First Mortgage Deed Of Reconstructed Corpora
ton, $500
O. No such charge rs MS, and 70 specific char0
g. photerer, ifds Ger made rehdefcd on collected b
M Dir. tLion.
Is tic instrument Itself was unquestionably
10 yery Important one, and admirably drawn, bu
II II was only one item Of continued service run
Jr ming back 10 the year 1859, nd the rules whlc
in would govern charge under an employment
10 draw a single paper Of this description have u
IL application at all In this case.
Fourth Ucm.-March /. Fees for Secon
10 MORTGAGE Deed, &C. $3.50"
r. No such charge vas eper made, rendered. Or co
lected ~ Mr.. Iaden.
TO The observations in regard to the frst NOR
ut cage apply equally TO TINS. with the additioni
~ force that being from the nature Of the casc
~ most respects copy Of the first mortgage,
~ furnished "a great deal less basis for charg
10 point Of fact no specific sum was ever pai
re for IT,
M | Ttffh Ufm.-March I NFeea fnr Ablrd Mor