Court : US Supreme Court
..... , the interest which the person proceeded against had in the property when the seizure was made, free from all intermediate conveyances or encumbrances, whether the result of the voluntary act of the owner or the action of his creditors against him. whatever interest he had in the property had been seized, as page 94 u. s. 713 forfeited to ..... . wassell 94 u.s. 711 appeal from the circuit court of the united states for the eastern district of arkansas syllabus certain lands in arkansas, liable to confiscation under the act of july 17, 1862, 12 stat. 589, and belonging to a., a nonresident of the state, were seized feb. 16, 1865, by the marshal, pursuant to instructions from ..... interfere and grant appropriate relief. in cairns v. chabut, supra, when the tenant for life failed to keep down the taxes, an order was made for the appointment of a receiver of so much of the rents and income of the estate as should be necessary to pay off and discharge the amounts then in arrear. we see no reason why .....
Tag this Judgment!Court : US Supreme Court
..... amended; and that it applies exclusively to the tax upon the income of individuals. nothing else was within its scope. it was confined to that subject. this limitation was not in the original internal revenue act of aug. 5, 1861, 12 stat. 292, although that act imposed the income tax. the limitation appeared first in the act of july 1, 1862, 12 stat. 474 ..... , sec. 92. it appeared again successively in the act of june 30, 1864, 13 stat. 283, sec. 119; in the ..... act of june 13, 1866, 14 stat. 138; and in the act of march 2, 1867, 14 stat. .....
Tag this Judgment!Court : US Supreme Court
..... assessor for county purposes." "sec. 3. the county treasurer shall be authorized and required to receive and collect of the sheriff of the county the income from the tax provided in the previous section, and to apply the same to the payment of the stock subscription according to its terms or to the payments of interest ..... , to be held therein, shall assent thereto." in 1871, the legislature of missouri so amended sec. 2 of the township aid act of 1868 as to make the tax therein provided for a tax upon all the real estate and personal property within the township. the county answered that said bonds were issued in payment of a ..... town, at a regular or special election to be held therein, shall assent thereto." in harshman v. bates county, 92 u. s. 569 , we incidentally decided the act to be unconstitutional; but the point then specially in controversy was as to the applicability of this constitutional prohibition to township organizations. it was impliedly conceded upon the argument that .....
Tag this Judgment!Court : US Supreme Court
..... the cost and expenses of their roads. it was only upon such report that the legislature was to determine the portion of the income which should be received in lieu of other taxes. the new company was subject to no such duty of keeping an account of the expenditures and receipts of the original lines; ..... pleasure of the legislature, in the same manner as if an express provision to that effect were therein contained, unless there shall have been inserted in such act of incorporation an express limitation or provision to the contrary." although this provision could not bind any succeeding legislature which might choose to disregard it, so long ..... the election of the directors, the corporation making the agreement were to be consolidated, and together to constitute a new corporation, by the name therein mentioned. the act provided that the new corporation thus formed should have "all the powers, privileges, and immunities" possessed by each of the corporations entering into the agreement, and be .....
Tag this Judgment!Court : US Supreme Court
..... 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 party of the second part." under this lease, the complainant took possession of all the ..... to confer upon the corporation of another state authority to extend its operations by carrying on railroad business in illinois. we cannot thus restrict the effect of the act without disregarding wholly the ordinary meaning of the plain words of its second section, which declares that the lessees, their associates, successors, and assigns, shall be ..... been assessable against and collectible from the st. louis, alton & terre haute railroad company depends for its solution altogether upon the construction to be given to that act. upon the theory of complainant's counsel, the state of illinois cannot make the leased property liable to these assessments upon capital stock and franchise under any .....
Tag this Judgment!Court : US Supreme Court
..... corporation which should thereafter be granted by the legislature should be subject to alteration, suspension, and repeal in the discretion of the legislature. 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 ..... right of way; and the state wished the vexed question of the right to tax the corporation to be settled. for the company denied the right page 95 u. s. 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. the legislature said if you ..... will consent to pay the one-half of one percent tax as originally agreed, and commence to do this within one year from .....
Tag this Judgment!Court : US Supreme Court
..... 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. 28, insofar as it authorized the levy and collection of a higher ..... tax on its property, was in violation of the page 98 u. s. 360 tenth section of the first article ..... doubt. if their rights are now the same as they were when the original charters of the two companies were first granted, it is quite clear the provisions of the taxing act of 1874 could not be applied to them without impairment of the contracts they had with the state. neither of the companies, however, is now existing under or by virtue .....
Tag this Judgment!Court : US Supreme Court
..... . 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. but if they did not apply to sec. 119, it is difficult to see how they can to ..... of one percent a month in all cases where a penalty of ten percent had been imposed for any failure to pay any internal revenue tax, it was deemed necessary in sec. 13 of the same act ( id., 480) to amend sec. 119 specially, so as to reduce in the same way the additional percentage of ten percent imposed by that section ..... conceded that the addition of five percent and interest provided page 99 u. s. 577 for in sec. 119 applies only to individual incomes. in this connection it is a noticeable fact that although by sec. 8 of the act of march 2, 1867, 14 stat. 473, a reduction was made from ten percent to five percent and interest at the rate .....
Tag this Judgment!Court : US Supreme Court
..... to be independent of the action of all preceding bodies. other and different exemptions had before existed; no settled system had been adopted. the act of the legislative assembly of 1871, fixing the taxes for that year, gave more than forty exemptions in great detail, covering an entire page in the statute book (p. 26); that of ..... that belonging to the united states and to the district of columbia, and that used for educational and charitable purposes, the following taxes, namely." under this act, the commissioners of the district assessed, for the taxes for the year ending june, 1875, certain real property of welch within the district which was employed for manufacturing purposes and was ..... ; 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. the exemption of manufacturing property, as we have shown, was a bounty .....
Tag this Judgment!Court : US Supreme Court
..... tax is provided for in a distinct section, to-wit, sec. 148 of the act of 1864 (as amended by the act of 1866), which is found in immediate collection with the sections relating to the ..... to be made by parties taxable under the law. so sec. 118 (as amended by the act of march 2, 1867), which also imposed a penalty of fifty percent for such neglect and refusal, and was relied on by the court below, related only to the income tax. but the penalty for failing to return and give notice of a succession ..... deed, or laws of descent by reason whereof any person shall become beneficially entitled in possession or expectancy to any real estate or the income thereof upon the death of any person dying after the passing of this act shall be deemed to confer on the person entitled by reason of any such disposition a 'succession,' and the term 'successor' shall .....
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