Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-09-19
TAXING DEEDS OF TaUsTS
The Attorney Fer The District Gives
An OpimkOn On The subject

me Assessor wrote 70 the Commissioners July
20 last asking that the attorney for the District De
requested TO inform his once Of the names OF
persons holding deeds Of trusts or mortgages
~ reai OF personal property and amounts 80 ne
can properly assess such holders for personal tax.
Tne Commissioners referred the matter TO the
attorney with request for ~ Information rs TO the
mortgages &c, property assessabie under our
law; % their opinion Is 70 whether the
nghs 70 TAI mortgages and deeds
Of trust embraces such securities held outside OF
rne ustfict OF Columbia by citizens OF other COM
c., minutes or only such as are held BY our own
wnere the land upon which the mortgage rests is
tsx eo inc mortgage must bear an additional
for the bistrac, bss DAVIS assistant attorney
~ .ne mist Question: he says: II Is clear that only
neeos OF trust and mortgages which personal
II follows that the right 70 tax mortgages and
aee9s OF trust does not embrace such securities
nelo outside Of the District Of Columbia but
trct Tor II is established that personal property
fSs IN ao Co'a,5,smplaton OF law, located at
s pnos is s pss And tns
pears beyond all question in the fourth exemption
in sa, Sa1soa !sec ~ VIZ personal property no!
oy persons domiciied In said District II does
S 6es ~ an ss the question in anywise that
IN t or y secured on real estate
olllty is location within the District OF the prop
erty sought TO be taxed, In other words the hold
Ing oy resident within the District OF the deed
OF trust or mortgage In question (wtn the ex-
ception noted)" As to the third point
ne says "where the land upon which Q deed
Of trust or mortgage rests IL taxed, the deed OF
trust or mortgage is also subject to tax The for
mer Ia real and the latter personal estate.
an, ana wit, with the exceptions above referred TO
the law IN terms lays the tax upon
all the real and personal property In the District
deeds OF trust and mortgages being specif1cally
named Even II this be double taxation (Which Is
question: Congress Is competent 70 prescribe II,
and there can DO no doubt Of the meaning OF the
act
"As respects the assessors request that this
ONCE be called upon TO furnish him the
Information suggested 1t need only be
said that section 10 OF the
act'i question prvscripes the only means con-
templated TO secure listing OF taxable property,
viz or In default thereof, an assessment by one
OF the assessors from the best information
he can procure subject TO the provisions
OF that section 1t Is no part OF the duties OF this
ONCE to assume In whole or In part the functions
OF the taxing Ofiicers who have at least as good
means OF Information as we and larger force.
"But even were It q junction oil this Office TO DO
as suggested the Information desired would be a
only are many OF the deeds OF trust and mortgages
recorded In the District hello by residents tand so
not taxable), but also the ownership OF such as
belong to residents may, and often does change In
day or an hour after record OF them Is
made; and the tax is payable one-half
on November /, and one-half on May l OF each
fiscal year (Sec. b. ana the deeds OF trusts and
mortgages are taxable as OF those debts In the
hands Of their then taxable owners"