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 30
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I (7) Income derived-frbtbnyubloiitOty or the exercise of
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ggif(c) I te cas~e of nonreqident alien 1#rdividuals gross incopshe inacnoucs - .th'rssi 6h*r6i6
ti~es n ihd United States,
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'ud'ingterest'on bonds; hi6te; or other iihteresti-eating obhig'ations of residents corprate or otherwise, dividends from reeidant
' (iatodd anid idlchuding~ all ott receivedd (altho~tgh paid
f6'iWct f6Ptiliale of r ds or otherwise) rdpresiting
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214. (a) Thatincomuting netinevme
there shall b
Ildbed'
SIXTY-FIFTH CONGRESS.
SB&s/II1. Oid 18# Y1919.1
1067
wholly exempt from'taxation under this title as income to the tax-, moxsAx.
payer, or;4!A the case of sa nonresident alien'individtial, the proportion
of.such'iterestrwhiceb the amount of his.gros incom&from.houfies
within the United States bbark to the andount of his gbose income from
all soi~rces withitr and withotit th@ United States;k-, ,:- , , ,*,* *.
'-(3),.Theepid 6i acdrued within thetaxbl' lybarimposed i(a),by Donmestlotaxes.
the authority -of, the Unit & States, except, income wariprofits and Exoeptions.
exces:4pr6fitstaxes,;or9) by the authority 'fo'any of its ipbsdesions,
except1the iamomunt bfmcome, WarOprofits and' excess-ptofita-taxes
allowed as s credit under section 222; or (s) by the authority of.any
Stteor Territory,or 6Ady county school district, munici Ality 'or
othdi taxing, subdivisloh of any tate .or Territory4 n ot iMeluding
thdee assessed agatist local benefits of a kind tending totinorease the
value of thepropert assessed; or (d) in the case of a citizen or resi- Forein taxes.
dent of the United States, by the authority of any foreign country, dent.
except the Ambint of income, war-profits and excess-profits taxes
allowed -as a credit unddr section 222; or (e) in the case of, anon...inonresident
resident alien individual, by-the authority of.anyforeign country
(except' income, - warprofith and excess-profits, taxes, and taxes
assessed against local benefits of.askind tending to increase the value
of the property assessed), upoii property orbusiness;,
(4) Losses sustained during the taxable .yearandnot compensated Bu ines ose.
for byrinsurance or otherwise,tif incurred in trade or business; . <,
not connete(
with business.
(5) Losses sustained during the taxable year and not compensated
for by insurance orotherwise) if incurred in any transaction entered
into for profit, though not-connected.with the trade or business; but
in -the case of a n6nresident alien individual only as to such transactions within the United States;,to
not
(6) Losses sustained during the table year.of property not con- Coc
b
netted with thb trade or business (but in the case of a nonresident
alien individual only property within the United States) if arising
from fie's, itorms)lalpwreek, or other casualtyj or from theft, and
if iot compensated for by insurance or. otherwise;
Worthless debts.
(7) Debts ascertgined to be worthless and charged off within the
tAxable year ;
.
Exhaustion of budi.
(8),A reasonable allowance -for the exhaustion,. wear and tear of ness property.
property used in-the trade or business, including a reasonable allowance for obsolesconoe;f ,1.'
1IAmortiation
of eost
(0) In the case'of buildings, machinery, equipment, or other facili- or pants, vessels, etc.,
ties, constructed,, erected, installed, or.acquired, on or after April 6,fa
1917,, for the production of articles contributing to the prosecution
of the present war and in the case ofbvessels constructed or acquired
on or after such date for the transportation of.articles or men cont
tributing to the prosecution of the present war, there shall beallowed
a keasonable deduction for the amortization of such part of the cost Limit
of subh.facilities-ot vessels as has been borne by the taxpayer, but
not again including. any amount otherwise allowed, under.this title
or previbus Aoth of Congress as a deduction in computing net'income.
At any time within three years after the termination of the present
a
war, the Commissioner may, and at the request of the taxpayer shall e
reexamine the return' and if he then finds as a result of an appraisal
or from other
that the
.evidence deduction originally allowed was
incorrect, .the taxes imposed by this title and by Title III for the
O
year oif years affected shall be redetermined; and the -amount~of tax p. .I~ O on .
due, upon.estch redetermination, if. any, shall be paid Upon notice
and demand bysthe collector,or the amount of tax overpaid, if any,
shall~be credited ori-efunded to the*taxpayer in accordancewith the ~ree,p. toes.
:..
..
provisions of section 252;
(10) In the case of mines, oil and gas wells, other natural deposits, no onu~ tas,
and timber, a reasonable allowance for depletion and for depreciation Alonce for deple*
of improvements, according to the peculiar conditions in each case, tion, depreciation, so.
1068)
SIXTYrFIFTH CONGRESS.
Sas. TIL On; 18. '1919.
based ,upoi cost
udinf cost of development not otherwise de.
, That in the 'case of such properties acquired prior
Marh1'?,Ss.
to March 1 '1918, the fair market value of the property or the taxpayer's 'interesttherein) on that date shall be.taken m liewof! cost
If dgoveed by taxup to that date: Prod
edfLrther, That-inthe caseof ibnes, oil and
3.
gas wellddaoveredbythetaxpayek,,jon or after Martch1,4913 and
nbt aQquired, as theresuilt of purchase 6f a proven tract or ,ease,
where the fAir. marketvalue of the property is-materially dispropor-.
tionate t the cost, the depletion allowance shall be based upon the
fair narlhet value of the