Our Changing ConstitutionPierson, Charles W. (Charles Wheeler)
History
Our Changing Constitution
Pierson, Charles W. (Charles Wheeler)
Constitutional history -- United States; United States -- Politics and government
[Footnote 1: Since this chapter was first published in 1909 as an
article in the _Outlook_ magazine the specific question propounded in
its title has been settled by the Supreme Court (_Flint v. Stone Tracy
Co._, 220 U.S., 107). The paper is here reproduced, however, in the
belief that its discussion of the principles of our dual system of
Government is as pertinent now as it was before.]
The most noteworthy enactment of the sixty-first Congress from a legal
point of view, to say nothing of its economic and political
significance, was the Corporation Tax Act. That Act, forming §38 of the
Tariff Law, provides--
That every corporation ... organized for profit and having a
capital stock represented by shares ... shall be subject to
pay annually a special excise tax with respect to the carrying
on or doing business by such corporation ... equivalent to one
per centum upon the entire net income over and above five
thousand dollars received by it from all sources, etc.
The act goes on to require the corporations to make periodical reports
concerning their business and affairs, and confers on the Commissioner
of Internal Revenue a visitorial power to examine and compel further
returns.
The genesis of the act is interesting. The growing demand for more
efficient regulation of the corporations, so pronounced during President
Roosevelt's Administration, had foreshadowed such legislation. It
remained, however, for President Taft to take the initiative and mould
the shape which the legislation was to take.
Public-domain text, read in full here on John Shaqi.
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