Citation Numbers： 145 A. 782, 83 N.H. 582, 1929 N.H. LEXIS 110
Judges： Peaslee
Filed Date： 4/2/1929
Status： Precedential
Modified Date： 11/11/2024
The universal practice is understood to have been to treat the "tax year" as running from April to April. The inventory blanks, in the form prescribed by the tax commission (P. L., c. 68, s. 11), state these dates as those to be used in finding the average value of stock in trade "for the year" under Public Laws, chapter 60, section 14.
In harmony with this rule, the legislature of 1911, in providing for the taxation of certain forest products as stock in trade, fixed the time as "during the year preceding April first." P. L., c. 61, s. 15. In Amoskeag Manufacturing Co. v. Manchester,
If the tax year ran from January first, ownership, possession, etc., on that date would be the natural test for taxability. But throughout the statutes upon that subject April first is the date fixed. P. L., c. 60, ss. 15, 16, 27, 33; Ib., c. 61, ss. 1, 2, 4, 5, 6, 14, 16, 17, 23; Ib., c. 62, ss. 1, 9.
It is true that the income tax is laid upon incomes received from January to January. P. L., c. 65, s. 2. But as this is an independent *Page 583
tax, not correlated to the general property tax (Conner v. State,
The reason for the variance was undoubtedly the fact that federal income tax returns are to be made as of those dates. The proposed income tax which a majority of the justices advised would be valid as a part of the general property tax (Opinion of the Justices,
Finally, the provision of Public Laws, chapter 64, section 1, that "All property taxes for any year following April first shall be assessed" in a certain manner, disposes of any doubt that might otherwise be entertained as to the question presented here. The tax year is from April to April.
Exception overruled.
All concurred.