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Transportation of liquors, under national prohibition act........
merchandise in foreign vessels...

persons or property on ferryboats, taxation,
distraint......

Treasurer of United States, retention of enemy property while
suits pending..

Treasury, decision relating to floor tax on vermuth..
Treasury Department, accounting officers, bound by determina-

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tion of date of loss of naval vessels....

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regulations, interpretation of phrase "in
the line of duty".

transfer of registered Liberty loan bonds
on basis of court proceedings.

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464, 465, 536

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validity of regulations affecting taxation

of nonresident aliens...

Treasury regulations, interpretation of phrase "in the line of

duty".

validity, taxation of nonresident aliens..

Treasury, Secretary of, authority to make loans to railroads to

pay maturing obligations,

etc.....

provide hospital and sani-

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Trucks, automobile, tax on sales for exportation..

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United States, claim of General Transmission Co. for infringe-

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United States Court for China, effect of decree of adoption and

legitimation.

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United States Shipping Board. (See Shipping Board.)
United States Shipping Board Emergency Fleet Corporation.

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Vessels, American, floor tax on liquors, national prohibition act.
foreign, transportation of merchandise, merchant marine
act.....

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350

liquors listed as sea stores..

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loaned to Coast and Geodetic Survey..

Navy, determination of date of loss is binding upon
accounting officers.....

seizure of liquors on shipboard by State officers.

Virgin Islands, enforcement of liquor laws.

importation of liquors.....

Visés. (See Aliens.)

Volstead Act. (See Liquors.)

W.

War, contracts, production of glacial acetic acid.....

time for presenting claims.....

increased costs incident to, modification of river and har-

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purposes..

termination not effected by signing the armistice......
effect upon provisions of war risk insurance
act..

War Department, acquisition of lands during war emergency...
construction of buildings for manufacturing

employee on leave without pay, retirement act.
reports to, Joint Commission on Reclassifica-

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War Finance Corporation, suspension of loans and retirement of

outstanding capital stock...........

War minerals relief act, demand or request required....

production of certain minerals in foreign
countries......

production of ferromanganese..

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War revenue acts.
1918.)

War risk insurance,

(See Revenue act of 1917; Revenue act of

compensation for death or disability....
conversion of term insurance, total perma-
nent disability....

identification of beneficiaries by letters of
deceased soldier..

regulation requiring statement as to total
permanent disability....

War risk insurance act, alien enemies as beneficiaries.....

assignment or prosecution of actions

against Federal controlled railroads..
compensation provisions of, effective
after establishment of peace.
conversion of term insurance.

enemy nationals.....

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regulation defining the terms "brother,"
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War Risk Insurance Bureau, award in case of lost application..

conversion of term insurance, total
permanent disability..

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payments to enemy nationals.....
regulation defining "brother,"
"sister," etc..................

War, Secretary of, adjustment of claims under war contracts...

authority to determine disputed questions

under contract with Calco

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Warehouses, bonded, exportation of liquor.....

transfer of temporary building to Smithsonian
Institution......

war material for improvement of
highways.....

Warehouse bonds, cancellation, lead-bearing ores.

certificates representing whisky, sale of.

liquors illegally diverted to beverage uses,
differential tax....

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War, Secretary of, contract for the production of glacial acetic
acid....

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modification of river and harbor contracts, in-

creased costs incident to war.

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Washington, community property, income tax.

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Wastage allowance, lead-bearing ores....

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Water-power permits, assignment, National forests.....

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Weather Bureau. right to use the Fessenden inventions for trans-

mitting official messages.

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Weller, Carl F., civil-service retirement act..

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Western Union Telegraph Co., local billing and prepayment of

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OPINIONS

OF

HON. A. MITCHELL PALMER, OF PENNSYLVANIA.

APPOINTED MARCH 5, 1919.

TAX ON BOTTLED NONCARBONATED FRUIT JUICES.

The tax imposed by both the Act of October 3, 1917 (40 Stat. 312) and the Act of February 24, 1919 (40 Stat. 1116) applies to bottled noncarbonated fruit juices, although somewhat concentrated, if as bottled, they are reasonably suitable for use as beverages and are so used without the addition of water. Such bottled fruit juices, when reasonably suitable for beverage purposes and so used only in a diluted form, are not of themselves soft drinks and are not subject to the tax imposed on such drinks, either by the Act of 1917 or that of 1919.

A preparation of fruit juice and sugar, which is not reasonably suitable for beverage purposes and is not so sold, but which is used to produce a palatable beverage by being mixed or diluted with water by soda fountains, bottling establishments, and other similar places, is a prepared sirup within the meaning of section 313 (a) of the Act of October 3, 1917, and was, while that Act was in force, subject to the tax levied upon such sirup. Such a preparation is not subject to tax under the Act of February 24, 1919, since that Act omitted the tax upon prepared sirups.

DEPARTMENT OF JUSTICE,

August 21, 1919.

SIR: I have the honor to acknowledge the receipt of your communication of July 30, 1919, requesting an opinion with respect to the scope, meaning, and application of section 313 of the Act of October 3, 1917 (40 Stat. 312), and section 628 of the Act of February 24, 1919 (40 Stat. 1116), imposing certain taxes.

Section 313 of the Act of October 3, 1917, imposes taxes as follows:

1. "Upon all prepared sirups or extracts (intended for use in the manufacture or production of beverages, com

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