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 12

258

FORTY-FIRST CONGRESS.

SEBB.

JI, Cu. 255. 1870.

In eetimating
lnoome, what to
be Included;

shall 'have been withheld ; the share of any person of the gains and
profits, whether divided or not, of all companies or partnerships, but not
including the amount received from any corporations whose officers, as
authorized by luw, withhold and pay as taxes a per ccntum of the dividends
made, and of interest or 'Coupons paid by such corporations ; profits
realized within the year from sales of real estate purchased within two
years previous to the year for which income is estimated; the amount of
sales of live stock, sugar, wool, butter, cheese, pork, beef, mutton, or other
meats, hay and grain, fruits, vegetables, or other productions, being the
growth or produce of the estate of such person, bqt not including any part
thereof consumed directly by the family; and au other gains, profits, and
income drawn from any sour-ce whatever, But not including the rental
value of the homestead used or occupied by any person, or by his family.
what to be deSEC. 8 . .And be it further enacted, That militl;lry or naval pensions
dnc;e~ and e:r;- allowed to flny person under the laws of the UDited States, and the sum
emp e •
of two thousand dollars of the gains, profits, and. ~ncome of any person,
shail be exempt from said income tax, in the manner hereinaf1er provided.
Deduction
Only one deduction of two .thousand dollars shall'be made from the agrrom income of gregate income of all the members of any family composed of one or
members of a
both parents and one or more minor children, or of husband and wife ;
family;
but when a wire has by law a separate income, beyond the control of her
husband, and is living separate and apart from him, such deduction shall
then be made from her income, gains, and pry>fits ; and guardians and
wards and
trustees shall be allowed to make the deduction in' favor of each ward or
beneficiaries;
beneficiary except that in. a case of two or more wards or beneficiaries
comprised in one family, having joint property interest, on1y one deducreligious or
tion shall be made in their favor. For the purp<>se of allowing said democial communi- duction from the income of any re1igious or sociaj~~ommunity holding all
lies.
their property and the income therefrom jointly:and in common, each five
of the persons composing such society, an,d 'a~y remaining fractional
number of such persons less than five over su~ groups of five, shall be
held to consti:ute a family, and a deduction of two·thousand dollal"fl shall
•Unpaid income be allowed for each of said families. Any tax~s on the incomes, gains,
tu.es of ~(ch
and profits of such societies, now due and unpaid; shall be assessed and
communi ies.
collected according to this provision, except that;'1he deduction shall be
only one thousand dollars for any year prior to· eighteen hundred and
se,·enty.
Deductions in
SEC. 9. And be it further enacted, That in addi.tion to the exemp~ioos
estimating
provided in the preceding section, there shall be· deducted from the gains,
amount of inprofits, and.income of any pel'son all national, State, county, and municicome.
pal taxes paid by him within the year, whether such person be owner,
tenant, or mortgager; all hie losses actually .s11st~ined during the year
arising from fires, floods, shipwreck, or incurred in)rade, and debts ascertained to be worthless, but excluding all estimate·d:depreciation of values;
the amount of interest paid during the year, and tile amount paid for rent
or labor to cultivate land, or to conduct any other business from which
income is derived ; the amount paid for the rerit of the house or premises
occupied ns a residence for himself or his family, ,and the amount paid
Certaindeduc- out for usual and ordinary repairs. No deductior;i)hall be made for any
tions not to be amount paid out for new buildings, permanent lm'provements, or bettermade.
men ts made to increase the value of any property· ~r estate.
ta!~! l~c~~e
SEC. 10• .And be it further enacted, That the ta~. herein before provided
aessed (or what shall be assessed upon the gains, profits, and income for the year ending
time, and when on the thirty-first day of December next preceding'. the time for levying
to be collected. and collecting said fax, and shall be levied ori,tlie first day of March,
eighteen hundred and seventy-one, and eighteen liundred and seventy-two,
and be due and payable on or before the thirtieth'.'dn of April in each of
defa~~!f ::y- said years. And in addition to any sum anmiallj, due and unpaid after
ment.
the thirtieth day of April, and for· ten days after notice and demand
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