National University Law Review, Volumen6National University Law School, 1926 |
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Página 79
... held real estate liable to direct taxa- tion only - so as to sustain a tax on the income on the ground of being an excise or duty . " On the other hand , Mr. Jus- tice White , later chief justice , contended in his dissenting opinion ...
... held real estate liable to direct taxa- tion only - so as to sustain a tax on the income on the ground of being an excise or duty . " On the other hand , Mr. Jus- tice White , later chief justice , contended in his dissenting opinion ...
Página 81
... held that the Federal government was likewise incompetent to tax the salary of a state officer . In that case the office in- volved was that of judge of the Court of Probate and In- solvency for the County of Barnstable , State of Massa ...
... held that the Federal government was likewise incompetent to tax the salary of a state officer . In that case the office in- volved was that of judge of the Court of Probate and In- solvency for the County of Barnstable , State of Massa ...
Página 84
... held that , the power to tax being a power to destroy , such a tax came within the intent of the prohibition against diminution , and , therefore , was unconstitutional . In a later case , 20 it was held that due to the wording of the ...
... held that , the power to tax being a power to destroy , such a tax came within the intent of the prohibition against diminution , and , therefore , was unconstitutional . In a later case , 20 it was held that due to the wording of the ...
Página 86
... held to be in the nature of excises or in- direct taxes ; as to which Congress has always possessed the power to tax without regard to apportionment . ( 4 ) That all other restrictions upon the taxing power of Congress apply equally as ...
... held to be in the nature of excises or in- direct taxes ; as to which Congress has always possessed the power to tax without regard to apportionment . ( 4 ) That all other restrictions upon the taxing power of Congress apply equally as ...
Página 88
... held to be within the power of Congress and not to affect the validity of the acts.25a We shall now consider the classes of income which have been specifically exempted from taxation ; and for this pur- pose shall consider Section 213 ...
... held to be within the power of Congress and not to affect the validity of the acts.25a We shall now consider the classes of income which have been specifically exempted from taxation ; and for this pur- pose shall consider Section 213 ...
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Página 29 - That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, State, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, every person, so offending, shall be deemed guilty...
Página 30 - ... means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying...
Página 19 - ... The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Página 8 - ... avail itself of experience, to exercise its reason, and to accommodate its legislation to circumstances.
Página 2 - If not found to be so, we must look to those settled usages and modes of proceeding existing in the common and statute law of England before the emigration of our ancestors, and which are shown not to have been unsuited to their civil and political condition, by having been acted on by them after the settlement of this country.
Página 48 - ... gains, profits, and income derived from salaries, wages, or compensation for personal service of whatever kind and in whatever form paid, or from professions, vocations...
Página 48 - July seventeenth, nineteen hundred and sixteen; the compensation of the present President of the United States during the term for which he has been elected, and the judges of the Supreme and inferior courts of the United States now in office, and the compensation of all officers and employees of a State, or any political subdivision thereof, except when such compensation is paid by the United States Government.
Página 7 - This provision is made in a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.
Página 70 - Income may be defined as the gain derived from capital, from labor, or from both combined," provided it be understood to include profit gained through a sale or conversion of capital assets, to which it was applied in the Doyle Case (pp.
Página 88 - The income of foreign governments received from investments in the United States in stocks, bonds, or other domestic securities, owned by such foreign governments, or from interest on deposits in banks in the United States of moneys belonging to such foreign governments, or from any other source within the United States...