State Of New York et al v. Mnuchin et al

Filing 47

DECLARATION of Owen T. Conroy in Support re: 44 CROSS MOTION for Summary Judgment .. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106)(Conroy, Owen)

Exhibit 10

TfilRTY-EIGHTH CONGRESS. SEss. II. Cu. 78. 1865.

4:79

That section one hundred and nine be amended by striking out, after
the words '' one hundred and," the word " two," and inserting in lieu
thereof the word "three.,,
That section one hundred and ten be amended by striking out, after Savings banb.
the words "and redemption thereof," the words "nor to any savings bank Ante, p. 278.
having no capital stock, and whose business is confined to receiviug deposits and loaning the same on interest for the benefit of the depositors
only, and which do no other bu,,iness of banking."
That section one hundred and sil(teen oo amended by striking out all
after the enacting clause, and inserting in lieu thereof the following:
" That there shall be levied, collected, and paid aimuaUy upon the annual Income tax.
gains, profits, and income of eve~u~~on residing in the United States,
Or'Of aii"fcitizerrotflRf United -States residing abroad, whetlwr derived A11tti, p. 281.
from any kiud of property, rents, interests, dividends, or salaries, or from
any profession, trade, employment, or vocation, ca1·ried on in the United
States or eh:ewherc, or from any other source whatever, a duty of five P"l' Rate.
centum on the excess over ~ix hun<lre<l dollaril and uot exceeding five
thousand dollars, and a duty of ten per centum on the exce:<s over five
thousand tlullars; and in ascertaining the income of any person lhl>le to Incomes, .
an income tux, the amount of income received from in~titutious whose how ascertnmed.
officers, as required by law, withhold a per centnm of the dividends mRde
by such institutions and pay the same to the commi.~sioner of internal
revenue, or other· officer authorized to receive the sume, shall be included;
and the amount so withheld shall be deducted from the tax which otherwise would be assessed upon such person. And the duty herein provided
for shall be assessed, collected, and paid upon the gains, profits, and income
for the year ending the thirty-first day of December next preceding the
time for levying, collecting, and paying said duty: Provided, That incomes Proviso.
derived from interest upun notes, bonds, an<l other securities of the United
States, and nlso all premiums on gold and coupons shall be included in
estimating incomes under tliis section. Provided, furthdr, That only one
deduction Of8iX' hundred dollars shnll be made from the uggregate in- Deduction.
come~ of all the members of any family composed of parents and miilor
Cliifcfren, or husband and wife : .And provided, further, That net J!I'ofits Profits, &~.,
~alized by sales of real estate purchased within the year for which mcome from Nales ot real
is estimated, shall be chargeable as income; and losse;;: on snles of real estate estate.
purchased within the year for wTiic1i income is estimated, ~hall be deducted
from the income of such.)'..~·"
That fecilon one hundred and seventeen be amended by stl'ikin~ out
all at\er the enacting cluuse, and inserting in lieu thereof ihe following :
"That in estimating the annual gains, profit,,, and income of any person, Deductiona.
all national, state, county, ancl municipal taxes paid within the year shall Taxu.
be deducted from the....Jitains,_F.~~~:>,- 2E ~nc9_me of the person who has
actually paid the same, whether own~ tenant, 01· mortgagor; also the
salary or pay recei\'ed for services in the civil, military, naval, or other
service of the United States, including senators, representatives, and dde·gates in congre:-1s, nbove the rate of i,:ix hundred dollars per annum ; also
the amount puid by auy per,.;on for the rent of the horne:'tead used or Ront.
occupied by himl'.elf or his tim1ily, uu<l the ren1al value of nny homestead
.used or occupied by any per:<on or by his family, in his own right or in
the right of his wifo, shall not be included and asse;;sed us part of the income of sucl1 person. In estimating the annual gain:;i, profits, or income
of any person, the interest received or accrued upon Hll notes,bonds, and Interest.
mortgages, or other forms of indebtedness bearing interest, whether paid
or not, if good and collectable, less the interest paid by oi.· due from such
person, shall be included and assessed as part of the income of such person
for each year; and also n!!_ inco~e.O!' g~~ns derivearrom the purchase and Gains from
sale of stock~ or other property, reafor per.sonal, and of live stock, and sales.
·the amount of live stock, sugar, wool, butter, cheese, pork, beet~ mutton,