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Special tax-Opera house.

The proprietor of a theater building or opera house in a city of less than 25,000 population is not required to pay any special tax therefor. Each company playing therein must pay the special tax and take out its own stamp.

TREASURY DEPARTMENT,

OFFICE OF COMMISSIONER OF INTERNAL REVENUE,

Washington, D. C., December 31, 1900. SIR: Your letter of the 21st instant has been received, stating that the agent of the opera house in Portsmouth, N. H., a city of less than 25,000 inhabitants, has taken out a special-tax stamp for that building, and contends that, under this stamp, the proprietors or agents of the various theatrical companies engaged by him to play there are entitled to give their exhibitions in that house without themselves paying special tax.

You are sustained by this office in declining to accept his view of the law, and he should send in his special-tax stamp with a claim in the prescribed form for its redemption.

The proprietor or agent of a theater building or opera house in a city whose population is less than 25,000 is not required to pay any special tax therefor. The manager of each theatrical company engaged by such proprietor or agent to give exhibitions in his house must pay the special tax and post up the requisite stamp for such exhibitions given therein by him, even when the agent of the building, as in the case which you state, himself has possession of the box office and receives the money and under agreement pays to the manager of the exhibiting company a certain per cent of the gross receipts for the evening," and "advertises in advance at his own expense, and assumes all liability for the expenses of the exhibition except board of the company and transportation." Each separate company exhibiting therein must post up there its own special tax stamp.

66

Respectfully,

ROBT. WILLIAMS, Jr., Acting Commissioner. Mr. J. A. Wood, Collector Internal Revenue, Portsmouth, N. H.

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208

258

69

143

55, 88

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Accident insurance, installment, stamp must be affixed to policy; opinion of
Attorney-General....

Accounts:

Gaugers, storekeeper-gaugers, and storekeepers

Monthly, for services, and diary report of deputy collectors.......

Administrators and executors, preparation of claims for refunding legacy taxes..
Adulterated ciders, instructions to revenue officers regarding..
Advertisements of merchandise on cigar boxes not lawful...

Affidavit and certificate covering landing of exported spirits, form of.......
Alcohol:

Recovery of, by means of a still is rectification........
Wood, special tax not required for sale of..........

Alcoholic:

Extracts and essences used in culinary preparations, etc., no special tax
required for manufacture and sale of......

Flavoring extracts, special tax of rectifier and liquor dealer not required for
manufacture and sale of..

Medicinal bitters, manufacturer of, not required to pay special tax as recti-
fier......

Alexander's wantage rod, increase of price of......

Allowance for, and redemption of, internal-revenue stamps.......

Apple cider, no special tax required for manufacture or sale of......
Assessment lists:

Additional instructions relative to receipting for....
Instructions to collectors.....

Special, preparation of, for bankers..

Assessment of taxes, recommendation for

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Pledging of collateral securities.

Tax on fermented liquors.......

Express companies not liable to special tax as brokers in issuing money
orders, etc...

Attorneys prosecuting refunding claims..

B.

Baggage receipts, express, no tax on; revocation of former ruling

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Drafts, etc., stamp tax on; decision of United States circuit court.........

Bankers:

Building and loan associations making loans to members only, etc., not
liable to special tax as....

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Bankers-Continued.

Persons who sell personal checks not required to pay special tax as
Preparation of the special-assessment list for.......
Return, 50 per cent penalty for failure to make..

Bank notes:

Canadian, circulation tax...

Dept. No.

227

119

181, 242

Mexican, circulation tax...

Bankruptcy, checks of referees and trustees in, when exempt from tax....
Banks:

188

New special tax not required when a State bank is converted into a
national bank.....

123

Officers of, doing business on stock exchange as agents of banking associa-
tions, not liable to special tax as brokers...
Undivided profits, special tax

Bay rum, rate at which stamp tax is to be computed on bulk packages of im-

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Stamps, reopening and consideration of claims for refund of 7 per cent
discount on.....

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Articles exported free of tax under section 22, act of June 13, 1898.......
Duplicate, stamp tax on..........

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152

160

232

225

Export, taxability of; opinion of Attorney-General....

Mail carriers conveying packages from town to town must issue stamped

receipts.....

Oleomargarine packages

Bills of sale of oleomargarine.....

... ...........

Bitters, alcoholic, medicinal, manufacturer of, not required to pay special tax
as rectifier..

Blackberry cordial, special tax of rectifier and liquor dealer not required for
manufacture and sale of.........

Blank forms, want of, no excuse for neglect to make returns.

Boats, exhibitions on, special-tax stamp required for each State..

Bonds:

Distillers', preparation of.....

Dramshop; decision of United States district court

......

Dramshop, tax on........

Gaugers, storekeepers, and storekeepers and gaugers, form and execution
of bonds

171

Given by surety companies instructions to collectors relative to...
Government, legacies consisting of, not exempt from tax....
Indemnity and fidelity and guaranty insurance, stamp tax on.....

Bowling alleys, special-tax stamp for, can not be made to answer for pool
tables....

231

Brands on packages of oleomargarine..........

Brandy, fruit, collection of tax on..

163

..........

Brewers selling bottled beer, special-tax liability of.........

102

Brokers:

Commercial, persons whose business it is to buy or sell merchandise on
commission on orders from customers are subject to special tax as.........
Contracts of. for the sale of real estate, stamp tax on ........

180

116

County warrants, special-tax liability of persons buying..

156

Dealers in rare coins not liable to special tax as....

150

Express companies not liable to special tax as, in issuing money orders, etc..
Notes, certain instruments taxable as........

128.

191

Occasional buying of public warrants not business of......

70

Officer of banking association doing business as agent on stock exchange
for his bank not liable to special tax as...

12

Persons selling mileage books not liable to special tax as.....
Special tax not required for sale or purchase of tax titles....

112

145

Transactions which render a person liable to special tax as..................................................

174

Bulk packages of:

Imported bay rum, rate at which stamp tax is to be computed on...............................
Perfumery. what constitutes.....

C.

Dept. No.
187

73

Canadian bank notes, circulation tax......

Carriers, mail, conveying packages from town to town must issue stamped
receipts.

Case stamps for distilled spirits bottled in bond..

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Certificate and affidavit covering landing of exported spirits, form of.....
Certificates:

Attached to depositions to be used in legal proceedings not taxable.............................
Deposit, as to taxability of.............................

Indebtedness, issued by mutual deposit or investment companies, taxation

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Nomination, exempt from stamp tax.

Nonnegotiable commission, not subject to stamp tax......
Notaries', to depositions not subject to stamp tax..........
Warehouse, for whisky in bond, special tax.......

Charges of inefficiency, etc., against internal-revenue officers...

Charter parties:

...............

.........

Exemption from stamp tax of enrolled vessels plying between United
States and Porto Rico.

Tax accrues on net registered tonnage of vessels
Chattel mortgage, liquors taken on

Checks:

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Bank checks of clerks of courts not subject to stamp tax.........
Bank checks, when used as money, circulation tax on.......
Drafts, etc., stamp tax on; decision of United States circuit court........
Referees and trustees in bankruptcy, checks of, when exempt from tax.....

Cider :

Adulterated, instructions to revenue officers regarding..
Apple, no special tax required for manufacture or sale of..

Fancy, containing distilled spirits, production of, held to be rectification..
Grape, person selling, required to pay special tax...

181, 242

63

32

254

9

195

219

228

23

122

35

56

118

25

204

131

199

3

188

55, 88

27

48

20

233

245

96, 97

185

109

201

30

55, 88

...............

134, 149

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Cigar boxes, advertisements of merchandise on, not lawful..

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Porto Rican, internal-revenue taxes on...

Union labor labels used in connection with statutory packages of..
Circular letters:

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Allowance for, and redemption of, internal-revenue stamps..
Charges against internal revenue officers..

Claims for refund for stamps used in error or excess...........................
Claims for refunding taxes..

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Disposition of moneys arising from sales of land acquired under the
internal-revenue laws...

Distilled spirits, change in method of accounting for "no proof” and
"apparent proof" spirits, etc.........

Dramshop bonds....

Duty of recording officers regarding stampable instruments..

Entries in book 25 and quarterly reports..

........

Exportations to Hawaii of articles subject to internal-revenue tax
Exportations to Porto Rico subject to internal-revenue tax....

Forbidding writing of personal letters, etc............

Gaugers', storekeepers', and storekeepers' and gaugers' accounts Traveling
orders....

Instructions regarding reports on Form 143......

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98

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