Music Trade Review

Issue: 1918 Vol. 67 N. 1

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
8
THE MUSIC TRADE REVIEW
OPERATION OF EMERSON LAW EXPLAINED BY G. W. POUND
Measure Imposing 3 Per Cent. Tax on Net Incomes of Manufacturing and Mercantile Corpora-
tions Outlined and Its Workings Shown—How the Amount Taxable Is Ascertained—Members
of the Trade in New York State Should Familiarize Themselves With Provisions of the Law
There has been considerable interest displayed from a stock of merchandise or other prop-
in music trade circles in New York State re- erty at a place of business maintained by the
garding the provisions of the Emerson Law company within the State; plus
"(3) The proportion of the average value of
(Article 9-A of the Tax Law) imposing a 3 per
cent, tax on the net income of "manufacturing" stocks of other corporations owned by the re-
and "mercantile" corporations.
Members of porting company allocated in and out of the
the trade have been considerably confused re- State in accordance with the value of the phys-
garding the scope of the bill and how it will ical property in and out of the State representing
affect their own particular businesses, and this such shares of stock, but not exceeding 10 per
confusion has been increased by the various cent, of the real and tangible personal property
amendments that have been made to the law of the reporting company segregated to the
State.
quite recently.
"(4) The average monthly value of the real
In regard to the Emerson Law, and particu-
larly the recent amendments to it, George W. property and personal property of the corpora-
Pound, general counsel of the Music Industries tion wherever located.
"(5) The average total value of bills and ac-
Chamber of Commerce, prepared for The Re-
view the following interesting memorandum counts receivable for (a) personal property
relative to the measure, what it is designed to manufactured by it within and without the State;
accomplish and its effect upon various classes (b) personal property sold by the corporation
from merchandise owned by it at the time of the
of business, wherein he states:
"The Legislature of 1918 of the State of New acceptance of the order but not manufactured
York passed several important amendments to by it; and (c) services performed both within
the 3 per cent, income tax on 'manufacturing' and without the State; based on orders received
and 'mercantile' corporations, which have been from office maintained by the corporation, ex-
cluding bills and accounts receivable on orders
approved by the Governor.
"Owing to improper printing of one of the rilled from a stock of merchandise or other prop-
bills there is some doubt as to some of the erty maintained by the company.
"(6) The average total value of stocks or
classes of corporations coming within the pur-
view of the statute. It was the intention of other corporations owned by it but not exceed-
the authors of the amendments to include all ing 10 per cent, of the aggregate real and tan-
corporations, excepting those engaged in the gible personal property of the reporting com-
owning and holding of real estate, corporations pany set up in the report.
whose principal source of income is from shares
"Under the old law where a corporation had
of stocks and bonds, and those specifically tax- no net income there was no basis for the tax,
able under other sections of the Tax Law.
but it is now provided that every domestic cor-
"In amending Section 208 of the Tax Law, poration and every foreign corporation doing
the Legislature eliminated the definition of the business in the State, excepting those specific-
terms 'manufacturing corporation' and 'mercan- ally exempted, shall be subject to a minimum tax
tile corporation,' but in amending Section 209, of not less than $10 and not less than one mill on
which provides for the franchise tax on cor- each dollar of the apportionment of the face
porations based on net income, the terms 'manu- value of the estimated capital stock apportioned
facturing' and 'mercantile' were not eliminated. to this State, which shall be determined by di-
It would seem therefore that some determina- viding the total amount of real and tangible per-
tion will have to be made as to just what are sonal property in the State by the entire amount
manufacturing and what are mercantile corpora- of the real and tangible personal property
wherever located, and multiplying the result by
tions under the law as amended.
"Substantial improvement of the law has been the face value of the issued capital stock. In
made by the amendments to Sections 211 and the case of corporations having stock without
214 providing for the repdrts of corporations par value the base of the tax shall be on such
and for the computation of the tax, respectively. portion of the paid-in capital as the real and
Where the entire business of the corporation is tangible personal property within the State bears
transacted within the State the tax is based to the entire real and tangible personal prop-
upon the entire net income for the fiscal year erty.
or calendar year as returned to the U. S. Treas-
"A new provision has been made to cover the
ury Department, subject to correction, for case of merged or consolidated corporations
fraud, evasion or error as ascertained by the which require a consolidated report and these
State Tax Commission. Where the entire busi- amendments have been made retroactive.
ness is not transacted within the State the tax is
"Corporations taxable under this law are not
based upon a proportion of the net income as the assessable locally on any personal property or
aggregate of the items 1, 2 and 3 (below) bears capital stock. Under the original law consid-
to the aggregate of items 4, 5 and 6 (below) :
erable confusion arose, owing to the making
"(1) The average monthly value of the real up of the local assessment rolls at different
property and tangible personal property within periods and under the language of this part of
the act a grave question of constitutionality
the State, plus
The amendment to Section
"(2) The average monthly value of bills and was presented.
accounts receivable for the following items: (a) 219-J seems to have cured the situation.
personal property sold by the corporation for
"This amendment excepts the personal prop-
merchandise manufactured by it within the erty (which would otherwise be exempt) for
State; (b) personal property sold by the cor- the year 1917 from the exemption provisions of
poration for merchandise owned by it and lo- this section and provides that a corporation pay-
cated within the State at the time of the ac- ing a tax on personal property locally shall be
ceptance of the order but not manufactured by entitled to a credit for the first year on the fran-
it within.the State; and (c) services performed, chise tax payable under this article only for
based on orders received at offices maintained the amount of the taxes payable for any part of
by the company within the State, excluding bills the year 1918. The tax imposed on the income
and accounts receivable arising from sales made of manufacturing and mercantile corporations
JULY 6, 1918
is a tax payable in advance for the year begin-
ning November 1, 1917. Any taxes therefore
payable by such corporations locally on per-
sonal property for the year 1917 are just and
proper and do not overlap the franchise tax.
"Inasmuch as the personal property of cer-
tain corporations in certain localities of the
vState has been omitted from the assessment roll
of 1917 by reason of the fact that the assess-
ment in such localities was not deemed to have
been made prior to June 4, 1917, the date when
the franchise tax law went into effect, and the
personal property of other corporations where
the assessment has been made prior to June 4,
1917, has been placed upon the assessment roll,
the amendment provides that such personal
property omitted from the assessment roll may
be entered upon the roll 'first prepared after this
act goes into effect.' The idea is to require the
taxation of all manufacturing and mercantile
corporations upon their personal property for
1917 without regard to when the assessment rolls
in the various localities may have been com-
pleted. The completion or non-completion of
the roll should not be controlling with respect
to the levy of personal property taxes prior to
the time the franchise tax law became operative.
"The amendment was designed to equalize and
even-up the payment of personal property taxes
among this class of corporations throughout the
State by requiring the payment of a personalty
property tax for the entire year of 1917 and giv-
ing a credit on the first payment of the fran-
chise tax for any part of the year 1918 that was
a part of the calendar or fiscal year for which
the personal property tax has been paid.
"The foregoing amendment was simply to
render constitutional the credit provisions of
the law and satisfy the constitutional provisions
as to 'equal protection.'
"Important amendments to procedure under •
this law were also enacted, as, for instance, the
provisions that no writ of certiorari to review
the determination of the Tax Commission can
be granted unless notice of application is made
within thirty (30) days after notice of the deter-
mination, and eight (8) days' notice of the appli-
cation of the writ must be given to the Commis-
sion; besides requiring a deposit of the amount
of taxes, and other charges, a bond must be
filed conditioned for the payment of all costs
and charges in the prosecution of the writ, in-
cluding costs and appeals."
DEATH OF MRS. AMELIA HOLLENBERG
Mother of Col. F. B. T. Hollenberg Passes Away
at His Home in Little Rock, Ark.
LJTTLE ROCK, ARK., June 28.—Mrs. Amelia A.
Hollenberg, widow of the late H. G. Hollen-
berg, and mother of Col. F. B. T. Hollenberg,
president of the Hollenberg Piano Co., died at
the home of her son in this city last week in
her seventy-seventh year.
Mrs. Hollenberg,
who was born in Virginia, was very active up
to the time of her death. She was a member
of the Daughters of the Revolution, and of the
Daughters of the Confederacy, as well as of
many musical, literary and philanthropic so-
cieties.
HAS NO OUTSIDE SALESMAN
WHEELING, W. VA., July 1.—The C. E. Guild
Music Co. has done away with all outside sales-
men, solicitors and agents in order to carry out
the "work or fight" orders recently issued by the
Government. The concern has lost several of
its former employes, who are now enlisted in
Government service, and it believes that by dis-
pensing with its outside solicitors it will do its
bit towards releasing workers for war industries.
WINTER & CO.
RUDOLF
PIANOS AND PLAYER-PIANOS
PIANOS AND PLAYER-PIANOS
22O SOUTHERN BOULEVARD, NEW YORK
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
JULY 6, 1918
REVIEW
New War Tax Measure Still Shrouded in Uncertainty
Members of Musical Instrument Industry Watching Preparation of New Revenue
Bill Closely—George W. Pound and Marion Dorian Working for Trade's Interest
more specifically with the question of the
amount of tax upon musical instruments and
the form of the levy. I happen to know that
some of the members of the committee have
in the back of their heads some notion of in-
creasing the present tax upon player mechanism
and imposing direct taxes on other classes of
instruments and yet, instead of threshing out
this vital issue, Congressmen Hull and Green
led the discussion into a more or less academic
consideration of the relations of piano factories
to war industry and the broad consequences of
an impairment of industrial capacity in the coun-
try at large. Lamentably, no member of the
Ways and Means body saw fit to follow up Mr.
Pound's significant statement to the effect that
no nation in the world has yet gone so far as
to tax the straight piano, which has always been
held sacred as the vehicle of the poor man's
music. So long as no one in the committee
saw fit to open up this subject Mr. Pound could
not very well do so, especially as there was
really no evidence that the taxation of ordinary
grand and upright pianos was under considera-
tion, but it is realized that this proposition may
be sprung in executive session of the commit-
tee when no representative of the music in-
dustry is at hand to point out its injustice.
WASHINGTON, D. C, July 3.—Men of experience
in the music trades, such as members of the
legislative committee of the National Associa-
tion, who have been watching the trend of
events at Washington admit that one man's
guess may be as good as another's on the ques-
tion of what obligations, the new "war taxes"
will place on the musical industry. The Ways
and Means Committee of the House of Repre-
sentatives, with which rests the initiative, has
not yef set about framing the new Revenue bill
because the public hearings on the subject have
consumed so much more time than had been an-
ticipated to be necessary.
If any of the members of the committee have
been convinced by George W. Pound and other
witnesses that they should "stand pat" or even
remit a portion of the levies now imposed upon
the music trades they will not admit it. There
will be some correction of inequalities in the
existing tax law—the discrimination against
partnerships and in favor of corporations will,
for instance, be removed, and a certain allow-
ance in assets may be made for good-will, trade-
marks, etc., against which no investment entry
can now be made—but it is extremely doubtful
if there will be any relaxation of the taxes upon
the musical industry, and it is, to speak frankly,
more than possible that these taxes will be in-
creased, whether or not Congress accepts the
principle of a "consumption tax."
Will Distribute Burden as Widely as Possible
As an influential member of the Ways and
Means Committee explained the situation to the
writer, the committee, in giving a new twist to
taxation, has no desire to lay a burden so heavy
that ambition and enterprise in the musical in-
dustry will be chilled and production curtailed
to an extent where permanent injury would be
done to the industry. But on the other hand,
as he explained it, the committee faces a fact
and not a theory, namely, the Government's de-
mands for heavily increased revenue. As the
committeemen have heard representatives from
one industry after another predict dire conse-
quences of an increase in taxation they have
been at a loss which way to turn. As the only
solution that is possible, there seems to be grow-
ing in the committee, a sentiment that favors dis-
tributing the new tax burden just as widely as
possible, allowing exemption to no taxable in-
dustry no matter how strong its claims. A
manifestation of this spirit may be seen in the
strong inclination to impose in the new tax
schedule a levy of 2 cents per $100 on bank
checks, although when the first "war tax" legis-
lation was framed the bank check tax proposal
was rejected summarily.
Marion Dorian's Arguments
The idea of heavier taxes as applied to the
music industries reared its head more visibly
during the interrogation of Marion Dorian, of
the Columbia Gr,aphophone Co., who, unlike
MEETING OF MISSOURI MUSIC TEACHERS' ASSOCIATION
Gathering Held in St. Louis Last Week Discusses Moves for Nationalizing Music—To Foster Music
in the Home and Community Singing Movements—Headquarters at Kieselhorst Co. Store
ST. LOUIS, MO., July 2.—The Missouri Music
Teachers' Association met here last week and
discussed and approved a dozen moves to na-
tionalize music. It was the greatest "music in
the home" session this association ever has held
and gave the subject of music for the masses
considerable publicity in the local newspapers.
Among the ideas brought before the teachers
were the movement for a national musical con-
servatory, commissions for army bandmasters,
more recognition for the army singing masters
and the development of the community sing idea
throughout the country.
The idea was often expressed in the meeting
that the war had brought music closer to the
people than any other one factor. But it also
was brought out that there had been, previous
to the war, a general movement on the part of
musical societies to broaden their work. A
dozen years ago, said Mrs. William Dulaney, of
Sedalia, Mo., chairman of the music department
of the general Federation of Woman's Clubs,
choral societies were exceedingly exclusive and
Regarding Taxes on Musical Instruments
It is a matter of regret that the cross-ex-
amination of George W. Pound by members
of the Ways and Means Committee did not deal
AMERICAN PIANO SUPPLY COMPANY
FELTS
CLOTHS
PUNCHINGS
MUSIC WIRE
TUNING PINS
PLAYER PARTS
HINGES
CASTERS
HAMMERS
A Full Line of Materials for Pianos ant] Organs
MVken in need ox supplied
communicate w i t h us
110-112 BAST 13tk STREET
Mr. Pound, did not express a willingness for the
continuance of the present tax but argued for
remission of the present tax of 3 per cent, upon
gross sales. Members of the committee were
plainly skeptical that any tax that can be passed
on to the ultimate consumer will injure business,
and Congressman Garner declared that so far as
he knew no tax ever levied by the Government
has ever decreased the production of any article
outside of oleomargarine.
It was in the course of this same discussion
that Congressman Sterling made the significant
statement: "I feel we ought to put the highest
rate on musical instruments that we can, in or-
der to have the highest revenue from it." The
Columbia executive pointed out, what every
business man well appreciates, that there is a
limit, commercially, to the amount of tax that
can be passed on to consumers. Although Mr.
Dorian favors the removal of the 3 per cent
tax and the raising of revenue by taxes on ex-
cess profits, etc., he finally gave the opinion
that if the committee was bent on direct taxa-
tion to the limit, 5 per cent, would be the limit
that the talking machine industry could stand.
The committee has not accepted this 5 per cent,
calculation as infallible but in the deliberations
of the body, when it comes to actually framing
the new Revenue bill, this idea of a 5 per cent,
tax on gross sales or an equivalent" impost is
very likely to be tentatively adopted as a work-
ing basis, not only for the music industry, but
for other lines as well.
-
NEW YORK
sang for themselves alone. Now the choral so-
cieties are seeking to be leaders of the com-
munity sings. She also praised highly the folk
songs of Americans.
The teachers met in the Sheldon Memorial,
where they used the Mason & Hamlin pianos.
The downtown headquarters of the association
was at the Kieselhorst Piano Co., who sell the
Mason & Hamlin instruments. Signs on the
windows announced the headquarters distinc-
tion and invited the teachers to come in, which
a good many of them did.
A. F. Mengle, of the Mengle Music Co., a
West End store, was called to California, Mo.,
last week by the death of his mother.
J. B. Moran, manager of the Wurlitzer ware-
rooms, made a week-end trip to Cincinnati, the
home office.
M. I. Mayer, of the Smith-Reis sales force, is
roughing it on the Meramec River during his
vacation.
Charles Malcolm, of the Aeolian Hall staff,
joins the army on Tuesday of this week.
P. E. Conroy, O. A. Field and W. P. Chrisler
have been appointed a committee to raise funds
for the Music Industries Preservation Fund.
They report $1,005 in the city, which was as
much as they expected to get from the State.
W. A. Lippman, of the Field-Lippman Piano
Stores, attended t"he Rotary Club convention in
Kansas City last week as a delegate from the
local club. He stopped at Sedalia on his re-
turn to visit the Field-Lippman store there.
John Schlichter, wholesale traveler for the
Silverstone Music Co., was accepted as a soldier
at Camp Pike last week and Retail Sales Man-
ager Schlude was promoted to the traveling^job.
Mark Silverstone is going to San Fra'Vfyisco
to attend the Ad Club meetings an3 will re-
main on the West Coast for two months.
L. M. Oser has been conducting an exhibition
of York pianos at the Atherton Furniture Store,
Lewiston, Me., during the course of which he
sold a carload of York pianos.

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