Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-10-04
REVENUE DECISIONS.
Two Recent Ones By the Commits
sioner of Internal Revenue.
STAMP REFUND ERRONEOUSLY USED.
Revenue Stamps Must Be Placed on
Policies of Insurance, and Not on
the Application, as Has Been Con-
tended.

The commissioner of internal reve-
nue. has recently made two decisions,
one relating to the refunding of the
value of stamps enormously placed on
instruments, and the other to placing
stamps upon policies of accident in
surance, instead of the application.
And also in determining the amount
that should be paid in certain cases.
Refund on Stamps.
In the claim for a refund on stamps
enormously placed on documents, the
commissioner says that the original
stamps must be returned, together
with the original instrument, or a GER
titled copy thereof. In addition, the
claimant must state under oath that
he paid for the stamps, which must be
of the value of So or more, and the
claim presented within two years af-
ter. Following is the ruling of the
commissioner, together with a history
of the facts which led up to it, con-
tanned in letter to deputy collect
or:
Sir: In your letter of the 7th inst.
you inquire whether, in cases where
revenue stamps have been affixed to
instruments and the same havebeen re-
corded, and it is afterwards learned
that stamps were not required, there
is any way of obtaining redress. In
reply you are informed that claims
for the refunding of amounts paid for
documentary stamps used in error or
excess may be made on form 46. The
stamps on account of which the refund
is asked must accompany the claim,
or an affidavit be furnished showing
their total destruction. The original
instrument to which the stamp was
affixed should also accompany the
claim, unless the claimant desires to
retain it, in which case certified
copy should be filed with the claim.
The claimant must state under
oath who paid for the stamps, whether
the full face value was paid, and
whether the purchaser has been reim-
bursed by any person or persons. The
refund must be made in the name of
the party who bore the burden of the
erroneous taxation, and no claim can
be considered unless presented within
two years after the purchase of said
stamps from the government, and un-
less stamps are presented in quanti-
ties of 81 or more face value. If
stamps are removed from the instru-
:
excessively stamped, the removal
should be made in the presence of a
collector or deputy collector of in
ternal revenue.
In cases where claims are based
upon the ground that deeds of con-
veyance were stamped in accordance
with the value of the property convey.
ed, instead of upon the equity of re-
demption, it is necessary that the
claimant should show the actual value
of the property conveyed, the amount
of mortgages upon said property, and
whether these mortgages or any por-
ton thereof were assumed by the pur-
chasers, or whether the purchasers in
any manner agreed to pay said mort
cages. Where one of two or more
grantors or grantees in deed of con
veyance of real estate. or an appar-
emily disinterested person makes d
claim for refunding of money paid for
documentary stamps used in error or
excess, waivers must be made from all
the other parties to the effect that
they have no interest in the claim for
refunding.
1.-THE presumption in all cases is
that the party who executed the deed
paid for and affixed the stamps there
C.
to. In cases where other parties pay
for the stamps and make claim, the
fact of the payment must be clearly
shown"
Tax on Accident Policies.
The stamp tax under the war reye
nue. act must be affixed to the policy
and not to the application; and the
amount of tax is to be ascertainet
by the aggregate. of premiums for the
entire year, is the gist of the second
ruling in regard to the stamp taa
on insurance policies.
The commissioner received lettel
from a deputy revenue collector, il
which it was stated that an acciden
insurance company issued policy O.