TAXATION-SITUS OF DOCUMENTS FOR STAMP TAX

Authors

Abstract

A South Carolina corporation had established credit with certain banks domiciled in other states, and, whenever a loan was desired, had executed a note payable to and at the out-of- state bank. The notes were mailed to the bank subject to withdrawal and revocation by the corporation, until actually received and accepted by the bank. When paid the notes were cancelled and returned to the corporation. A state tax collector ascertained that no stamp tax had been paid on these notes as required in South Carolina Acts of 1928, c. 574, sec. 1, and threatened to levy on the property of the corporation, unless such taxes were paid. The corporation brought suit to enjoin such a levy on the ground that the tax was void under the Fourteenth Amendment as an attempt by the jurisdiction of domicil of the debtor to tax intangible personalty. The state contended and the court held that the situs of a document for the purpose of levying a document tax is the jurisdiction in which the document is executed. Graniteville Mfg. Co. v. Query, 44 F.(:2d) 64.

Recommended Citation

TAXATION-SITUS OF DOCUMENTS FOR STAMP TAX, 29 Mich. L. Rev. 1096 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss8/37