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THE ATLANTA TRI-WEEKLY JOURNAL
Income Tax Refund Under
Supreme Court’s Decision
. May Total Billion Dollars
(The Atlanta Journal News Bureau)
623 Riggs Building,
BY THEODORE TILLER
WASHINGTON, March 9.—Follow
ing its 5 to 4 decision that the Steel
trust was, so to speak, a “good trust,”
the supreme Court in another 5 to 4
opinion now holds taht stock divi
dends cannot be taxed under the in
come tax amendment.
The decision rather staggered the
treasury department and members of
congress who passed the income tax
bill. It must result in the refund by
the treasury of many milliotis of dol
lars collected on stock dividends.
Nobody here has yet been able to say
how much money must be returned,
but in congress the belief is that the
decision means there will have to be
additional revenue legislation. Not
only must there be large refunds, but
it is pointed out the corporations
are now free to issue stock dividends
to stockholders and reduce the
amount of future taxes paid.
Representative Cordell Hull, income
tax expert of the house and chief
author of the law, fears that a billion
dollars’ worth of stock dividends may
be issued within the next few days
as corporations make out their tax
returns.
The decision of the highest cdurt
has dealt a hard blow to the tax
ation power of the federal govern
ment. Senator Simmons, ranking
Democrat of the finance committee,
and Senator Hoke Smith, who was
a member of the committee when the
war revenue act was passed, agreed
today that the court’s decision was
of sweeping effect and might force
additional tax legislation.
Had Questional Validity
It was recalled, however, that Sen
ator Smith expressed the opinion
when the law was passed that it
would be unconstitutional to levy
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♦ •
an income tax on stock dividends.
The Georgia senator feared just such
a decision as that made Monday
and earnestly questioned, the consti
tutionality of this particular fea
ture of the income tax law. The
supreme court holds that issuance
of stock dividends is essentially a
bookkeeping transaction, that it
merely divides income and trans
forms it into surplus, and the stock
holder actually receives no income
or gain in the meaning of the six
teenth amendment.
Official Washington is much con
cerned over this latest edict of the
supreme court, as it is realized
there, must be new legislation to
make up the deficit, or another bond
issue may become necessary.
But the highest court has acted
with great deliberation even if it
did not act with unanimity. It has
had this case under consideration
since last October and for weeks
and months the decision which came
Monday had been expected. After
maturely considering the whole is
sue of stock dividends and their
value, the court found that “far
from being a realization of profits
of the stockholders, it tends rather
to postpone suclj realization in that
the fund represented by the new
stock been transferred from sur
plus to capital and no longer is
available for actual distribution.
The Controlling Fact
Continuing, the court said:
“The essential and controlling
fact is that the sockholder has re
ceived nothing out of the company s
assets for his separate use and
benefit; on the contrary, every dol
lar on his original investment, to
gether with whatever accretions and
accumulations that have resulted
from the employment of his money
and that of the other stockholders
in the business of the company still
remains the property of the com
pany and subject to business risks
which may arise and which may re
sult' in wiping out the entire in
vestment. Having regard for the
truth of the matter, to substance and
not form, he has received nothing
that answers the definition of in
come in the meaning of the six
teenth amendment.”
This is the view of ttfe majority
of the court and, therefore, is t';e
law. But a powerful minority dis
sented, holding that'stock dividends
are as much income as cash divi
de,w.;- :ii»crar as the tax.a..’ >ower
of tiie government is concerned.
Xvh'cb, of course, is the same convic
tion which guided congress when
body levied upon stock divi
dends m the .ncome tax law of
1916.
The Minority View
For example, here is an extract
from the minority opinion written
by Associate Justice Brandies,
showing how wide apart the two ele
ments of the court are upon thite
question: “If stock dividends repre
senting’ profits are held exempt from
taxation under the sixteenth amend
ment, the owners of the most suc
cessful businesses in America, as the
facts in case illustrated, will be able
to escape taxation on a large part
of whht is their actual income. So
far as their profits are represented
by stock i-eceived as dividends they
will pay these taxes not upon their
income but only upon the income of
their income.”
Members of the ways and means
Should Your Shoes Ha ve a Dose
Os Epsom S alts in Rainy Weather?
What are the effects of Epsom
salts and glucose on the wearing
quality of the high-priced shoes on _____
your feet? What portion of the cow-
hide is toughest and most durable
for shoe leather? These questions
doubtless prove unanswerable!
Not so—the National Bureau of
Standards has devised a machine es
peclally adapated for solving knotty
problems relating to sole leather.
The laboratory equipment, as
fer*-
with described in picture, is termed
a “leather-wearing machine.”
For example, comparative tests
have been made between hemlock
leather without the addition of glu
cose and salts, and hemlock with the
addition of 10 per cent of these ma
terials with a longtime, oak-tanned
leather. The hemldck product was
developed from dry hides. The
amount of water soluble materials in
the two hemlock leathers varied
about 11 per cent, due to the differ
ence in glucose and salts present in
each of the leathers. Such informa
tion will disclose the relative dura
bility of low and high water-soluble
leathers.
Comparative tests are in progress
to determine the durability of vege
table and mineral tannages: (1)
Oak, as compared with chorme tan-
committee who must deal with the
difficult problem now presented, first
of providing for the deficit created
by the refund and next by tapping
sources of future taxation to raise
money in place of that lost to the
government as a result of the deci
sion Monday, take substantially the
same view of the question as does
Justice Brandies.
The Situation Now r
Representative Cordell Hull, au
thor of the income tax law of 1916
and the pre-eminen/ authority in
congress upon taxation, gummed up
the situation about as fellows:
1. Congress cannot tax sockhold
ers with respect to undivided prof
its in a corporation.
2. Groups of individuals can here
after form artificial entities and
screen themselves against the pay
ment of their just share of taxes.
3. Individuals can avoid taxation
of the super-tax by holding the stock
dividend and living upon the increas
ing value of It without ever selling
it.
4. In war times, congress cannot
find sources of revenue such as a
super-income tax, because stockhold
ers of war-profit making and other
corporations can successfully shield
themselves..
5. The court' decis'on goes a olng
way toward preventing equality in
the application of the income tax law
to all classes of tax payers.<•
These opinions are held generally
by members of the house and senate,
but there is no other resource open to
them except to initiate a further
amendent to the constitution permit- '
ting the taxation of sock dividends. |
Some discussion of such an amend- i
rnent was heard at the capitol today, j
but it was in no sense concrete.
It is recalled that when the origi
nal income tax law was declared un- !
constitutional in 1893, it was killed ;
by a divided court. Five justices j
stood against the law of that time I
and four for it. Monday five jus- i
tices stood against the tax on stock
dividends and four for it. It was I
after the decision of 1893 that the !
movement began for an amendment |
to the constitution which resulted
more than twenty years later in the
raification of the sixteenth amend
ment.
May Save to Refund Billion
Immediately upon being informed
of the ruling of the supreme court,
the treasury department began to cal
culate upon the loss of revenue which
would be sustained in the future and
upon the amount of money which
would have to be refunded.. Treasury
officials confessed, howe'ver, that
they were totally unable to determine
even approximately how much money
had been illegally collected. They
agreed that the amount would run
into the hundreds of millions of dol
lars in all likelihood and might even
approach a billion, since all collec
tions made from stock dividends
since 1916 are subject to refund.
The original enactment on this
subject was in that year. The pro
vision was re-enacted in 1917, again
in the war revenue act of the same
year, and a fourth time in the final
revenue bill of congress. The sec
tion was not attacked in the courts
at the time of its original enforce
ment. Not until the war was over
did the plaintiffs in the present case
press the issue for a final decision.
But the effect of the decree is re
troactive to 1916.
During the past four years tens
of thousands of persons have paid
income taxes upon stock dividends,
and much of this, if not most if it,
is represented in the super taxes.
For that reason the treasury depart
ment has no specific classification
of the amount of money it has re
ceived from this source. The amount
of money involved cannot be de
termined, therefore, until all the
claims for refund have been made
and have been settled. It will be
months, if not years, treasury of
ficials said today, before all the
claims will be listed, paid and the
total outlay arrived at.
How to Get Refund
The machinery for the refunding
of the illegally collected tax is even
now in motion. A separate bureau
in the treasury department has been
established for handling such claims.
All that a claimant needs to do, it
was explained today, is to file his
papers showing how much tax he has
paid on stock dividends, citing all
the facts. This may be submitted
through any collector of internal
revenue or direct to the commission
in Washington, who will put it
through the mill,- and, if verified,
the money involved will be refunded.
Tax May Be Avoided
In view of the assertion of con
gressional leaders that the opinion
of the supreme court would result
in a great number of corporations
declaring stock dividends instead of
cash dividends upon surplus in their
treasuries, treasury officials were
asked today if this would be possible
with respect to profits earned dur
ing the calendar or fiscal year, 1919.
It is the informal conclusion of
the treasury officials that corpora
tions which have not yet filed their
income tax returns may dispose of
their surplus earnings in any way
that they see fit. If a given com
pany, for example, wishes to use
TESTING SHOE LEATHER
nage, from different hides; (2) Oak,
as compared with chrome, tanned
from the same hide, and (3) oak, as
compared with alum-tanned leather
from different hides. Service tests
are being undertaken to ascertain the
effect of light and heavy rolling on
the durability of leather from the
same hides.
Experiments at Camp Meade, Md.,
with army shoes were made to re
flect the comparative resistance to
water of chrome-tanned and bark
tanned upper leather, the results fa
voring chrome-retanned leather as a
superior water resistant. However,
laboratory tests indicated that when
properly stuffed chrome-tanned and
bark-tanned upper leathers are equal
ly resistant to water. The resistance
seemed to be dependent upon the
stuffing content.
Hair-Cutting Parson
Keeps Flock in Trim
MIDDLETOWN, Conn. Re v.
George B. Gilbert, an Episcopal mis
sionary who visits out of the way
districts down the county in an au
tomobile, has taken to cutting hair
along with preaching the gospel.
But the parson-tonsorialist is no
mercenary hair chopper. 'When his
auto is heard chugging-past one of
the country school houses the teach
er hurries to the dooi- to “fb.g” him,
so to speak. Thereupon he comes in
and cuts the children’s hair without
charge. He says that it is just as
important to sheer the locks of his
flock as it is to temper the wind to
the back of the shorn lamb, and they
look at lot handsomer after the’ job.
Girl’s Kindness Wins
Legacy of $ 100,000
BANGOR, Me. —Because of her
kindness to a man whose sight was
failing. Miss Frances Wood, of Bar
Harbor, has fallen into a fortune es
timated at SIOO,OOO. She was gradu
ated in 1917 from the University of
Maine and went to Oak Bluffs, Mar
tha’s Vineyard, to teach. She met
AValter P. Phillips, inventor of the
telegraph code. He was partly blind.
She aided him in his newspaper cor
respondence. Later she became his
confidential secretary. She contin
ued in that position until he died.
January 31. Now she has been in
formed her employer has made her
sole legatee in his will.
Fifth Pair of Twins in
Ten Years for Judge
JERSEY CITY, N. J.—Judge Do
herty, of the court of common pleas,
was just leaving the bench for his
home when he was informed that he
was the father of twins. “My, fine,”
he said, smilingly. “That’s the fifth
time, you know.” Mrs. Doherty had
given birth to twins for the fifth time
in ten years. Two of the twins died,
but the others are alive. The new
comers are a boy and a girl.
Old Man Forced to Sleep
In Hen Coop, Is Charge
MARYSVILLE, Cal. —Fearing that
Isis nephew would'-drive him into
the street and he would eventually
become a public charge and die to be
buried in a pauper’s grave is the
reason given by Manual G. George,
sheepherder, for filing suit in Judge
Eugene P. McDaniel’s court to com
pel Manual E. George to return SSOO
which the old man transferred to
*be younger man’s account in a lo
cal bank on promise that the latter
would care for him.
The complaint recites that he is 68
years of age and that when he went
to live with his nephew the latter’s
wife and children abused him and
he was compelled to sleep in a filthy
chicken coop, although in ill health.
its 1919 surplus to increase its cap
italization instead of paying that
surplus out in cash to shareholders
as it might have been inclined to
do, that company is at liberty to
take advantage of the court's ruling
ti avoid the income tax which its
stockholders would have to pay on
such cash dividends.
As explained by officials today,
the treasury is not concerned in the
disposition which a corporation may
make of its surplus earnings. It
is only after those earnings are
paid to the stockholders that they
become taxable. Now they only be
come taxable if paid in cash. Prior
to today the government collected
upon them even when paid out in
stock. «
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• THURSDAY, MARCH 11, 1020.
Honest Income Returns
Surest Means of Gutting
Taxation, Says Lawrence
BY DAVID LAWRENCE
(Copyright, 1920,, by The Journal.)
WASHINGTON, March 6. —Fully
two billions of dollars that the con
gress of the United States didn’t es
timate could be obtained from the
tax-paying public may be recovered
i in the next eighteen months from
i individuals and corporations who
i since 1917 have failed to pay, the cor-
I rect amounts of their taxes. When
it is considered that congress expect
ed to raise six billions of dollars
from all kinds of taxes annually, two
billions is a tidy sum saved.
Its collection' is no easy matter,
and may take three years to gather
together. But if it is recovered, the
present generation can expect its
tax burdens to be made lighter by just
that much.
Nobody can be absolutely certain
that the government has disposed of
his income tax return of 1917 unless
he is confident it has been honestly
made out. Four millions of persons,
it is estimated, file Income tax re
turns annually. That means about
12,000,000 returns for 1917. 1918 and
1919. But the government has a
way of sifting them so that the big
fellows are examined first. Persons
with small incomes and relatively
small taxes can’t be sure for another
year or so that their 1917 tax re
turns were audited and filed. But if
they made a return that is on its face
honestly intentioned, they need not
worry. And the experience of one
big company within the last fort
night tells a story of how far-reach
ing and retroactive is the effect of
the*income tax on modern business.
The government investigators dis
covered that the 1917 return of a big
corporation was improperly returned,
m fact, something like $25,000,000
taxes due the government were not
included. The government “had the
goods” on the corporation, and the
latter paid the sum without protest.
But corporations don’t usually have
large sums in bank available for
emergencies like this. The govern
ment demanded within ten days a
part payment of $10,000,000.
The firm in question went to its
bank. The bank wasn’t in a position
to make the loan, but stretched a
point. /Yet the bank wanted first to
be assured that the tax return of
the same concern for 1918 was cor
rect and that said firm wouldn’t be
in hot water over its other income
tax returns later on. So the treasury
department co-operated t othe ex
tent of examining at once the 1918
return. The total amount of taxes
for 1917 and 1918 was estimated and
a check for $10,000,000 was handed
over in part payment.
But there have been some tragic
cases in which the firms have In the
meantime changed hands, the money
has been spent or the dividends dis
tributed. People who buy out busi-
State Democratic Press
Uersus Sub-Committee
On the Rights of Voters
Question of Fair Flan
THE CEDARTOWN STANDARD:
Whether or not the majority of the
Democrats of Georgia want Mr.
Hoover as their nominee for presi
dent, is a question taht does not
concern us as much right now as the
one involving fair play in Georgia
politics as to whether his name shall
be allowed on the ticket in the pri
mary on April 20.
The state Democratic executive
committee recently passed a rule
that if a hundred signatures of white
Democrats were attached to a peti
tion asking an entry into the race tor
president, the name of said entrant
should be placed upon the ticket.
The subcommittee on rules has un
dertaken to change this action by
specifying “any Democrat qualified
for president.”
Notwithstanding the fact that Mr.
Hoover earnestly supported Mr. Wil
son for president, has served as one
of his most valued assistants, and
urged the election of a Democratic
congress to back uij his policies, the
subcommittee has undertaken to
“apply the yardstick,” and. tele
graphed Mr. Hoover to sa» in so
many words, “I am a Democrat.”
Mr. Hoover —like thousands of men
all over the country—is going to look
more at principles than party labels
this year, and sent a reply in which
he thanked his friends for the honor
of mentioning him in such a connec
tion; stated that he had not been
identified with the Democratic party
before the war, and that his service
during the war was not of a partisan
character, and saying: “I have not
been able to persuade myself at all
that any real public service will be
performed by injecting myself into
the race for the nomination to the
greatest honor at the disposal of the
American people. Therefore, aside
from any other reason, I do not in
tend to file my name.”
Thoroughly aroused by the action
of the subcommittee, however, the
friends of Mr. Hoover insist on plac
ing his name on the ticket, feeling
certain that if nominated he would
undoubtedly accept—just as Mr. Mc-
Adoo’s friends insist on placing his
name on the ticket, although he has
especially requested that it be left
off, as he believes in uninstructed
delegations this year.
Hon. E. S. Ault, of Cedartown,
while not a member of the subcom-
nesses need to be careful nowadays
that the income tax returns of the
present owners are absolutely sound
and it would not be surprising if
modern business made the question
of past Income taxes a vital factor
in contracts of sale as an insurance
against future liability. Banks some
day will maintain bureaus in their
credit departments to investigate
the tax status of their clients.
The treasury department has a
good deal of discretion about accept
ing voluntary payments on taxes
not originally returned. But that is
true, as a rule, in cases in which
there have been technical errors,
cases in which subordinates have
plainly erred and where collusion
with principals could not be proved.
Even in these cases, the government
collects not merely the taxes but
the interest that the government
might have had if the money were
in its vaults during the period of
the delinquency.
Os course, there is plenty of room
for fraud even among the employes
of the government. But a special
division of government agents is
busy checking up on personnel. And
in one conspicuous instance recent
ly, a firm which offered a bribe to
a government agent discovered thir
ty minutes later that the latter had
turned in evidence of the attempted
bribery to the United States attor
ney and prosecutions ensued.
The staff of the government, on
the whole, is efficient. It is com
posed of men who are ambitious to
make a record for themselves and to
make the most of the experience
they can get in the government serv
ice so that they can pursue suc
cessfully their own vocations of law,
accounting, investigation, etc., in
later life. Statisticians galore are
on the Income tax rolls. They are
constantly comparing and auditing
returns and classifying them ac
cording to districts, trades, busi*
nesses, professions and' incomes.
They make horizontal nd vertical
classifications. Fully 200,000 re
turns are being handled by the gov
ernment every day.; Some are clos
ed up more rapidly than others.
The table of just how much was
recovered from each trade or busi
ness would make interesting read
ing but it might convey wrong im
pressions about the relative honesty
of different occupations and cause
no end of trouble. Generally speak
ing, there’s a surplus of about two
billion dollars in prospect accruing
from the years 1917 and 1918 and
1919, the estimate being based upon
experience with returns already
examined. If the government final
ly collects that amount, taxes can
be reduced some time within the
next five years. The more the tax
payers give the government now.
however, the less everybody will
have to pay later on. Individual
honesty never has meant so much
collectively as it does today.
mlttee, was present at its meeting,
and says that no one mentioned any
thing about the phrase, “a Democrat
qualified for president - ,”, and says:”
“In this connection, Mr. H. H£
Dean stated without ' 'Contradfcfrion
from any member of the subcommit
tee, that this rule would permit Mr.
Hoover’s friends to place his name
upon the ballot. I made an inquiry
at teh time as to whether any dec
laration would be required from the
man whose name was so proposed,
and members of the committee stated
that no declaration from any candi
date would be required unless he de
sired to repudiate the action of those
who proposed his name by request
ing that his name be not allowed to
go on the ticket.”
The sobcommittee by Its action
has practically put Georgia in the
Hoover column, for, as Mr. Ault
says:
“This is not now a question of the
right of Mr. Hoover to have his
name placed upon the ticket, but it is
a question as to whether :he white
Democrats of Georgia shall be al
lowed to vote their conviction with
out dictation or restriction.”
A woman is apt to call a man a
flatterer if he says she is handsome;
but she gets mad !f be doesn’t.
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Why Druggists Recommend
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For many years druggists have
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Be sure to get Swamp-Root and
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Howeve-, ‘,l you wish first to test
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H
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3