The citizen., 1914-12-11
Exceptions Are Made Under War
Tax Act.

q ruling of Commissioner w. ID. Os-
born, OF the bureau of internal reve-
nue., Washington, D. c.
However. if in connection with such
business they engage in negotiating
purchases or sales of promissory
notes. deeds of trust, mortgages, etc.,
then liability TO the tax as brokers is
incurred Further, if they engage IN
the brokerage business of negotiating
sales of goods, wares and merchan-
die additional tax liability is ineurr-
ed as commercial brokers.
The regulations issued by the bu-
reau OF internal revenue provide that
adhesive stamps shall be applied, TO
the value of the tax. TO conveyances,
deeds. instruments or writing convey
ing lands, tenements or other realty,
etc. When the value of the property
involved is over s10 or not exceeding
| $500. the tax is 80 cents, and with 80
| cents additional for each $500 or frac-
ton thereof of increased value. Prop
erty valued at less than 500 is ex-
empt.
While conveyances of realty to trus-
tees or others without a valuable con-
sideration are not taxable, the tax will
exacted where the statement of NOM
inal sum. not representative of the
real value. in the conveyance, con-
atty involved. The stamps must rep
resent the value of the land or realty
as represented by the actual money
paid. This course will reveal the
value of many deals in which the act
ual price involved is not stated,
class OF transactions in which the real
value is ordinarily not revealed under
the usual practice.
Not only display cards, but other
display containers. under an interpre-
! tation Of the regulations made today,
may carry the total value OF stamps
representative OF the tax liability of
| the contents. This ruling is intended
| 10 cover containers in which small
articles are customarily displayed for
sale and retained in the container un-
I'll disposed OF.
Authorization for an atorney-at-law
to confess judgment in favor of
| holder of a note. as a clause in judg
ment notes, are held not liable to tax
by a ruling of Commissioner Osborn.
The instrument is held. TO be war
rant of attorney rather than a power
Of attorney.
They are not commission brokers in
the sense of liability to the war emer-
gency tax, it is also ruled, who re-
| ceive orders from druggists, country
| merchants and others for boxes of
| assorted seeds which are furnished
upon an agreement or contract that
| the seeds sold shall be paid for at
| the end of the season, less certain
| specified discounts, and that unsold
| seeds may be returned to them. This
ruling follows the decision of the AL
ALBANIA Supreme Court
A notary's certificate to a deed of
trust, mortgage or release need not
be stamped under the war revenue
acts. On all other papers the notary
should attach a stamp. This is the
| ruling which Acting Recorder of
Deeds Dutton, of Washington, an
nounces he has received for his guild
ance from United States Attorney
| Laskey.
The district attorneys opinion was
rendered in response 10 an inquiry of
| Acting Recorder Dutton whether the
act of October %, 1914, requires no.
! taries public to afix revenue stamps
| to certificates of acknowledgement
| taken by them. While notaries' GER
| tificates are not expressly mentioned
| in the act, says the district attorney,
/ they are included in the broad Ian
| guage of one of the clauses of sched-
| ule A, which requires a ten-cent reve-
nue. stamp on a certificate of any de-
scription required by law not other
wise specified in this act"
1t was so held, explains the district
| attorney, in 131 Federal Reporter,
| 219-221, in the case of Sackett VS..
McCaffrey, but which case also held
| that the tax was imposed upon the
| person for whose use or benefit the
certificate was issued, and not upon
| the notary or his Office
As a conveyance effectuating a
transfer of realty sold is required by
the act of October %, 1914, to be
| stamped, and as the act does not pur-
port to impose a double tax, such an
instrument, holds the district attor-
ney, if stamped to denote the consid-
Grafton thereof, may be received for
| record without an extra stamp cover
ing the notary's certificate. Mortga-
| ges, deeds of trust and releases being
exempt from taxation, and the tax i'm
posed upon certificates being a tax
upon the person for whose use or
benefit it is issued and not upon the
notary, the district attorney is of the
| opinion that the exemption extends
| to the notary's certificate upon any of
such instruments, and no stamp is re-
| quired thereon.
Upon all other instruments than
those above enumerated the district
j attorney is of the opinion that a stamp
is required to be affixed to any GER
tificate of notary public attached
thereto when such other instruments
are offered for recordation.
"This opinion" said the district at
torney, ''is intended only for your
I guidance in connection with the duty
OF receiving instruments for record.