The citizen. (Frederick City, Md.) 1895-1923, 1914-12-11
Exceptions Are Made Under War
Tax Act

&c. DO not incur liability 10 the. spe-
cial tax IS brokers under the war
emergency act Of October %. This is
2 ruling Of Commissioner ". H. Os-
born. Of the bureau Of internal reTe-
rue. 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 10 the tax as brokers is
incurred Further, # they engage in
The brokerage business OF negotiating
sales .of goods, wares and merchan-
die additional tax liability is incurr-
Sd as commercial brokers.
The regulations issued by the bu-
reau OF internal revenue provide that
adhesive stamps shall be applied, 70
the value OF the tax. 10 conyeyances,
deeds. instruments or writing convey
ing lands, tenements or other realty,
etc. When the value OF the property
involved IS over SO 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 al less than 800 is eX-
emp-
While conveyances Of realty TO trus-
tees or others without 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-
| ceals the real price OF sale Of the re-
atty involved. The stamps must rep
resent the value Of the land or realty
as represented by the actual money
I 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-
J 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
TO cover containers in which small
articles are customarily displayed for
/ sale and retained in the container IN
| IL disposed Of
| Authorization for an atorney-at-law
to confess judgment in favor OF a
| holder Of a note. as clause in judg-
menJ notes, are held not liable TO tax
! by a ruling OF Commissioner Osborn.
The instrument is held. 10 be a 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
]pol an agreement or contract that
he 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 p, 1914, requires no
taries public TO af;x 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 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..
| Mccartney, 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 conveyance calculating a
transfer of realty sold is required by
| the act of October %, 1914, to be
stamped, and as the act does not pur-
port 10 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 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-
CURED thereon.
Upon all other instruments than
those above enumerated the district
attorney is of the opinion that a stamp
is required TO be affixed to any GER
| tifcate Of a notary public attached
thereto when such other instruments