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Judgment Search Results Home > Cases Phrase: income tax act 1961 section 115vw maintenance and audit of accounts Sorted by: old Page 8 of about 1,888 results (0.432 seconds)

1877

Railroad Company Vs. Maine

Court : US Supreme Court

..... where two or more corporations, subjected to a special tax upon the net income of their roads, with immunity from other taxation, the amount of such special tax being dependent upon reports to be made and information communicated by their directors and other officers, are consolidated into a new corporation, with different directors and other officers who are neither bound nor able to make the reports and give the information required of the original companies, the new corporation thus ..... virginia, it was held that a railroad corporation formed under an act of the legislature by the consolidation of existing companies and "vested with all the rights, privileges, franchise, and property which may have been vested in either company prior to the act of consolidation" acquired no greater immunity from taxation than had been severally enjoyed by the original companies as to the portions of the road belonging to them, and that whatever property had been subject to taxation previous to the consolidation ..... the charter of each company required it to keep a regular account of its disbursements, expenditures, and receipts in a book which was to be open at all times to the inspection of the governor and council and any committee of the legislature, and required its treasurer, at the expiration of every year, to make, under oath, an exhibit to the legislature of the net profits derived from the income of its road. .....

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1877

Railroad Company Vs. Vance

Court : US Supreme Court

..... expressed as to the validity of the lease under the laws of illinois, an act of the general assembly of that state approved march 11, 1869, directs that the lease "be and stand confirmed according to the terms" thereof, and the second section provides: "the said lessees, their associates, successors, and assigns, shall be a railroad corporation in this state under the said style ..... haute railroad company], its successors or assigns, for or on account of its or their ownership of said railroads or either or any part of either thereof or of such property or any part thereof, provided however that nothing in this contract contained shall be so construed as to render the party of the first part in any way liable for the tax specifically upon the income of the holders of the bonds or stocks of the ..... facts in the case are these: the constitution of illinois requires the general assembly of that state to provide such revenue as may be needful by levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her, or its property -- such valuation to be ascertained by some person or persons to be elected or appointed in ..... terms -- among which was the obligation of the lessee to pay all taxes, assessments, and imposts, of whatever kind, charged against or imposed upon the lessor for or on account of its ownership of the leased lines -- the state was estopped from collecting, as against the lessor, any taxes assessed upon that right. .....

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1877

New Jersey Vs. Yard

Court : US Supreme Court

..... on march 28, 1862, a general tax act was approved, the eighth section of which enacts that all private corporations of the state except those which, by virtue of any irrepealable contract in their charters or other contracts with the state, are expressly exempted from taxation, should be and were thereby required to be respectively assessed and taxed at the full amount of their capital stock paid in, and accumulated surplus. ..... road, shall be paid at the expiration of one year from the time when the road of the said company shall be open and in use to phillipsburgh, and annually thereafter, which tax shall be in lieu and satisfaction of all other taxation or imposition whatsoever, by or under the authority of this state, or any law thereof, provided that this section shall not go into effect or be binding upon the said company until the said company, by an instrument duly executed under its ..... it then declares that in consideration of the terms and conditions of the said supplement, and more especially of the third section thereof, the company has assented, and does thereby assent, to the said act, and has agreed and does thereby agree to be subject to the provisions of the said act and to pay the tax therein named, as therein specified. ..... 116 of the state to tax them under their charter, until the road paid them a net income of seven percent per annum on its cost. .....

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1877

New Orleans Vs. Clark

Court : US Supreme Court

..... , dues, demands, bonds, obligations, judgments and judgment liens, actions and rights of action, books, accounts, and vouchers be, and they are hereby, vested in the city of new orleans, provided that all estates, income funds, or property of every description now held in trust by said city of carrollton, or which shall have been specially pledged or affected by the payment of any debt, shall be held by the city of new orleans, under this act, upon and for the same use, trust, limits ..... march 26, 1875, after said answer had been made, clark filed a supplemental petition, averring that since the commencement of his suit the legislature had passed an act, approved march 23, 1874, repealing the act incorporating carrollton and annexing it to the city of new orleans; and, further, that by the fifth section of that act the latter city was made liable for said bonds in solido with the said gas company. ..... shall specially appropriate and set aside in lawful money, every month, such amount or proportion of the taxes and dues of said city as shall be necessary to meet the interest on said bonds and such gas bills as may accrue against said city, and that the mayor in said act shall be authorized to make such other agreements, not inconsistent herewith, as may be necessary to carry out the purposes of the ordinance, and make the said contract legal and conclusive on both parties .....

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Mar 26 1877 (PC)

The Empress Vs. Burah and Book Singh

Court : Kolkata

Reported in : (1878)ILR3Cal64

..... , it declares that the power of making laws shall be exercised by the council only at meetings duly constituted in the manner directed by the act; it provides how meetings of the council are to be convened and adjourned, and bow rides for the conduct of business are to be made, and one important rule for the conduct of business is, by section 19, laid down by parliament itself, it is also remarkable that the indian legislature does not exercise absolute control over the rules for ..... laws and regulations for repealing, amending, or altering any laws or regulations whatever then in force or thereafter to be in force in the indian territories of her majesty or any part thereof, and to make laws and regulations for all persons and all courts of justice and the jurisdiction thereof, and for all places and things whatsoever throughout the whole and every part of the said territories, with certain reservations; and by section 45 all laws made as aforesaid wore to have the force and effect of acts of parliament ..... i refer to acts which contain a provision giving power to make rules or bye-laws, and to impose taxes or fix fees and charges; but these are clearly distinguishable from such an act as act xxii of 1869, so far as we are concerned with it now, which is only so far as it gives power to the lieutenant-governor to repeal section 9 of 24 & 25 vict., c. .....

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1878

Railroad Company Vs. Georgia

Court : US Supreme Court

..... " the affidavit averred that the company, by the original charters granted to the savannah, albany, and gulf railroad company, and to the atlantic and gulf railroad company, or by the act consolidating them under the name of the last company, was not liable to be taxed more than one-half of one percent on its annual net income, and that said act of feb. ..... by the second section it was enacted that the stockholders of said consolidated railroad companies, by such corporate name, and in such corporate capacity, should be capable in law to have, purchase, and enjoy such real and personal estate, goods, and effects as might be necessary and proper to carry out the objects therein specified, and to secure the full enjoyment of all the rights therein and thereby granted, and by said name to sue and be sued, plead and be impleaded, in any court of competent jurisdiction; to have and use a common ..... the third section of the act declared that the several immunities, franchises, and privileges granted to the said savannah, albany, and gulf railroad company, and the atlantic and gulf railroad company, by their original charters and the amendments thereof, and the liabilities therein imposed, should continue in force except so far as they might be inconsistent with the act of consolidation. ..... in regard to the position taken by the plaintiff in error that the sections of the code we have quoted were not laws of the page 98 u. s. .....

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1878

Welch Vs. Cook

Court : US Supreme Court

..... the 26th of june, 1873, the legislative assembly of the district of columbia enacted that "all property, real and personal, which may hereafter be actually employed within the limits of the district of columbia for manufacturing purposes, shall be exempt from all general taxes for a period of ten years from the date of this act going into effect, provided that the value of the property so employed for manufacturing purposes shall not be less ..... presume that it appreciated the effect of its action when it took upon itself anew, and in derogation of the local authorities, the duty of fixing the subjects of taxation; and that it knew that the result of declaring all the property, with certain exceptions, to be liable to the payment of taxes for the year ending june, 1875, was to make that act stand in the place of all others upon the subject. ..... fourth section it then proceeds to direct the levy of a tax of three dollars for each one hundred dollars of the assessed value of all the real estate in the city of washington, and two dollars and fifty cents upon that situate in the city of georgetown, except that belonging to the united states or the district of columbia, and that used for educational and charitable ..... the first section of the act of 1874 provides that all the general offices of the district then existing, except that of delegate in congress, shall be abolished, the office of delegate in congress continuing until the end ..... the fourth section of the act of congress approved june .....

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1878

Fosdick Vs. Schall

Court : US Supreme Court

..... mortgage, on demand of the holders of at least one-half the bonds then outstanding and unpaid, might take possession of all the mortgaged property, together with all the books, records, papers, accounts, and money of the company, and enter into the management and control thereof, paying all the expenses of taking, holding, managing, and operating the property from the income and profits thereof, or, if the property should be sold, from the sale thereof. ..... the sellers shall not be responsible for the acts of providence, strikes of workmen, or other causes beyond their control, which may retard and delay the manufacturing and delivery of the said cars as above ..... taxes, insurance, and charges of litigation; and ..... 28th of april, 1877, the master, to whom the matter of the intervening petition of schall had been referred, reported the facts as they have already been stated and also that the cars were necessary for the use of the road, and that the arrangement which had been made by the receiver was a beneficial one, whether the road remained in the hands of the receiver or passed into the possession ..... if for the convenience of the moment something is taken from what may not improperly be called the current debt fund and put into that which belongs to the mortgage creditors, it certainly is not inequitable for the court, when asked by the mortgagees to take possession of the future income and hold it for their benefit, to require as a condition of such an order that what is due from the .....

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1878

Elliott Vs. Railroad Company

Court : US Supreme Court

..... the sections of the other acts referred to were evidently intended to apply to taxes and duties included in the regular annual and monthly lists required by law to be made out and placed in the hands of collectors, and not to the taxes on interest and dividends collected through or from the corporations, under the provisions of sec. ..... that on the fifteenth day of december, 1871, the said company, in accordance with the requirement of the assessor for the said district, made a return (accompanied by a written protest), whereby it appeared that a tax of five percent upon the said dividend ($39,276), with the sum of $2,067.16 (five percent of a sum of which the said dividend is ninety-five percent) added thereto, would amount to $2,067.16. 5. ..... of january, 1870, a dividend of $39,276, being three percent on the capital stock of the said company, became due and payable, and was paid to the stockholders of the said company by the philadelphia and reading railroad company as rent for the railroad of the said plaintiff, payable for the preceding six months, under the provisions of a lease and contract dated may 19, 1869, whereby the railroad of the said plaintiff was leased to the philadelphia page 99 u. s. ..... if it had been supposed that the penalties prescribed in the other parts of the act for failure to pay taxes applied to taxes upon incomes, this special amendment would not have been necessary. ..... 119 applies only to individual incomes. .....

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Jun 17 1878 (PC)

In Re: in the Goods of Hurry Doss Bonnerjee and Sreemutty Gungamoney D ...

Court : Kolkata

Reported in : (1879)ILR4Cal87

pontifex, j.1. i think mr. bonnerjee's caveat must be discharged, and he will have no costs of appearance. i do not think administration can be granted to the father, there being no debts, at all events no debts of which the amount is unliquidated. the widow can apply when she comes of age, and until then the official trustee can pay the income to her next friend for her maintenance.2. if there are any debts, application must be made to the court.3. taxed costs of suit may be paid by the official trustee out of the fund in his hands. if he is not satisfied to do it on this order, he must come to court under the trustee act.

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