The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-11-10

claim a domiciie elsewhere, the intent
and purpose being that no non resident.
person or corporation either personally
or through any agent, shall transact
business here without paying to the
State corresponding tax that exacted
of its own citizens, and all bills re-
iceiyabie. obligations or credits and
other intangible assets arising from
/ business done In this State ARE hereby
declared assessable within this State
/ and al the business donicile of said
nonresident, person or corporation, his
or it's agent or representative" Thus,
il is seen that money arising from bus
mess done in this State by non resi-
dents or by the representatives OF nom
resident persons or corporations Is
subject TO taxation In this State; and.
as have seen above, money of citi-
hens Is subject to taxation.
specific Questions Involved.
J Coming now specifically to the qucs-
ton presented this question depends
for its solution on a proper construc-
ton Of the provisions of chapter lis.
acts 1915, page 1874 creating State
Advisory Board on Taxation and Local
Boards Of Review and defining their
duties and powers.
Under section T. OF said section we
ind the definition Of the duties and
powers Of Local Boards OF Review
These duties and powers. so far as
necessary for the correction decision
OF this question, are as follows:
l. To direct the commissioner Of the
revenue TO enter in the assessment
rolls any property. real or personal.
which Is found to have been omitted.
Z. To hear the complaints of tax
payers. members of Board of Supervis-
ors, city and town councils, or the
Commemorative Attorney, as to I'M
equal or unjust valuations,
S. To review the annual returns Of
intangible personal property, income
and money of all taxpayers, and to
this end they are required to cali In
the examiners OF records and It is made
the duty of the examiners of records
to examine the returns aforesaid. and
the records both State and Federal
with n view OF sscertaintnE and re-
porting for taxation the valuations to
be extended by the commissioners of
the revenue on all intangible personal
property, incomes and money liable
10 taxation under the laws Of this
State.
4. The Local Board OF Review shall
have authority 70 summon taxpayers.
or their agents. or any other person
having Information on the subject, be-
fore them and require them to an
swer under oath all questions touch
as tue ownership OF fnIalEt-
BILE property, incomes or money held
by such person. firm or corporation
and the valuation OF said propertv
and should the person. firm
or corporation, agents or Witnesses
refuse to furnish the information re-
duested. such person, Arm. corporation,
agents or witnesses shall be liable TO A
fine 81 not less than ten dollars nor
more than one hundred dol
From the papers submitted 1t is
difficult to ascertain the exact point
at issue, but, az | understand it, the
hanks contend that this last quoted
provision, while requiring them to
answer questions touching the own
crship OF time and savings deposits
Of particular persons, firms or cor
poFations, concerning which the
banks may be specially asked, yet the
law does not require them to re-
spond to a general demand for the
names Of all time and savings de-
positors IN other words. the banks
seem to admit that the board could
take up name by name each listed
taxpayer or any of tho citizens of
the country named by the board and
require the banks to answer what time
and savings deposits stand in said
name. but they contend on the other
hand that the board cannot require
he banks To furnish any Information
concerning a depositor unless such de-
pustor be first specifically named by
the board. The result OF this posi-
ton would be that the board would
: be able from Information obtained
I from the banks to test the returns of
taxpayers already listed and could
ascertain the deposltors of others
whose names they might be able by
some other means to obtain, but that
they could not compel the banks to
give the names of any other of their
deeesiters whose names the board had
not been able to obtain otherwise. We
look In vain for "a reason why this
particular class Of property should be
protected from the inquisition OF the
statute. On the other hand. we find
the law In terms placing upon the
local board OF review the duty to dis
cover all omitted taxes.
Az TO Mode Of Discovery.
Referring the mode OF discover
ing prescribed by the statute. we
find tlAat the local board Of re-
/ view has authority to summon
any person having Information on
the subject before them and re-
quirc such person to answer
under oath all questions touch
ing Ownership" Of money held
by such person, firm or CORPORA
ton and the valuation OF said
property. Tho nsc of these two
words Ownership" and "hcld' in
this close connection shows that
II was the purpose of law to pro-
vide for the discovery, for tax
alton, of money held" by ono
and owned by another" In as
much, therefore, ns the bank ~
within the meaning Of our rev.
cnue laws. a corporation which
holds money owned by another, II
follows that II can he compelled
to disclose such ownership. (See
section 4S9 OF the Code of Vir-
ginia as amended 1914, page
22l.
The question next arises as to the
manner of such disclosure. II APP
pears from copy of the orders Of
the local board furnished me In this
case. that tho board desired ''list"
Of the time and saving. depositors,
but II IL not clear whether the word
list IL used in the strict sense OF
written record. or whether the board
simply desired the bank to give verb
ally the names OF all such depositors
and the amounts TO their credit, But