330. Blakey, Roy G., and Gladys McAlpine Campbell Blakey. The Federal Income Tax. London: Longmans, Green and Co., 1940. xvii, [2] 640 pp. Tables. Diagrams (one fold-out). Reprinted 2006 by The Lawbook Exchange, Ltd. Cloth. New.  $125.
* This was the first book to put the American federal income tax into its historical and political context. Acclaimed upon publication as a necessary supplement to the work of Seligman and Seidman, it is still an essential work. Erwin R. Griswald was among the first to recognize this book’s value. In the Harvard Law Review he wrote “[t]here is very little in this book that will help a lawyer win a case... [y]et there is much of practical value, a clear picture of the forest which might otherwise escape the lawyer bent on dissecting the trees.” He predicted correctly that “[t]here is a mass of fact and comment that will make the book a standard work of reference for many a year to come” (53:1218).

Guide to the First Federal Income Tax Laws

331. Boutwell, George S. [1818-1905]. A Manual of the Direct and Excise Tax System of the United States; Including the Forms and Regulations Established by the Commissioner of Internal Revenue, The Decisions and Rulings of the Commissioner, Together With Extracts From the Correspondence of the Office. Boston: Little, Brown and Company, 1864. x, 333 pp. Octavo (6" x 9"). Original cloth, blind frames to boards, gilt title to spine. Dampstaining and fading to portions of binding, moderate rubbing to extremities with some wear, a few chips to edges of endleaves. Occasional foxing, interior otherwise fresh. A solid copy.  $350.
* Fourth edition (other copies published by the Government Printing Office). With side-notes and index. The Civil War caused the greatest financial crisis ever faced by the United States government. In order to finance its enormous costs the government created the Office of Internal Revenue, the precursor to the IRS, in July 1862. As one would suspect, the new agency introduced a variety of new taxes and tax regulations. Its most radical innovation, however, was the institution of an income tax. (It was a graduated tax with a maximum rate of 10%.) This manual was written for attorneys and businessmen by the founding director of the new agency. The standard guide of the day, it outlines the tax system, lists tax rates and offers the texts of relevant statutes. Extracts from the office’s correspondence are used to highlight specific issues and problems. See illustration below.

332. Comstock, Alzada. State Taxation of Personal Incomes. New York: Columbia University Press, 1921. 247, [12] pp. Reprinted 2005 by The Lawbook Exchange, Ltd. Cloth. New. $85.
* Comstock presents a history of income taxation from the colonial period to the modern era, an assessment of the efficacy of the various systems and a model tax system. More than a survey, it shows how federal and state governments used the elastic nature of income taxes to meet a variety of economic and social needs, which led to an “aggregation of examples of possible income tax methods rather than the development of an American income tax policy.... [N]o two state income taxes are alike, even in their essentials” (11).

333. Cooley, Thomas M. A Treatise on the Law of Taxation Including the Law of Local Assessments. Chicago: Callaghan and Company, 1886. lxxxviii, 991 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. Cloth. New.  $150.
* Reprint of the uncommon second edition of an important work on tax law. Contents include: Taxes, Their Nature and Kinds; The Nature of the Power to Tax; Curing Defects in Tax Proceedings; Official Action in Matters of Taxation; The Construction of Tax Laws; The Sale of Lands for Unpaid Taxes; Taxation by Special Assessment; The Remedies of the State Against Collectors of Taxes; Local Taxation under Legislative Compulsion; Enforcing Official Duty under the Tax Laws; The Remedies for Illegal and Unjust Taxation; and more.

One of the First Studies of the History of Taxation

334. Cunningham, Timothy. The History of Our Customs, Aids, Subsidies, National Debts, and Taxes from William the Conqueror to the Present Year MDCCLXXIII. Corrected, With Several Improvements Suggested by Sir Charles Whitworth, Chairman of the Committee of Supply and Ways and Means. London: Printed for W. Griffin, 1773. [1], 396 pp. Reprinted 2006 by The Lawbook Exchange, Ltd. Cloth. New.  $95.
* Reprint of the second corrected edition. Originally published in 1761, this is one of the first studies of the history of taxation and the first history of English taxation. As the title suggests, this book provides a history of taxation from the Domesday Book to 1778. The various taxing acts are summarized and, after the reign of William III, are divided into the categories of customs, excise and inland duties. It is more than a bare chronicle, however. Going beyond lists of titles and summaries of the various taxing acts, it offers extensive commentary on their design and effect.

1924 Tax Regulations

335. Department of Treasury. [Revenue Act of 1924: Regulations]. Washington: Government Printing Office, 1924-1931. 5 softbound pamphlets bound into single green buckram volume with gilt spine lettering. Some shelfwear, occasional notes in pencil to a few leaves. Owner inkstamps to edges and title pages, his name in gilt to foot of front board. Very good.  $100.
* Includes: Revenue Act of 1924. Public No. 176, 68th Congress, H.R. 6715. (115 pp.); Regulations 65 relating to the income tax under the Revenue Act of 1924. (363 pp.); Regulations 68 relating to the income tax under the Revenue Act of 1924. (137 pp.); Bulletin “J” Comparison of Titles and Sections of the Revenue Acts of 1921 and 1924. September 1924. (242 pp.); Tariff and Taxation: List of Publications Relating to Above Subjects. [1931] (57 pp).

336. Ess, Henry N. A Treatise on the Power of Special Taxation: A Critical Analysis of Special Taxes for Local and Public Improvements, Considered with Reference to the Constitution, State and Federal, and the Restrictions Therein Contained. Kansas City: Pipes-Reed Book Co., 1907. x, 389 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. Cloth. New.  $95.
* Ess [b. 1840] warns that the power of local authorities to tax real estate to fund public improvements is a threat because it is nearly boundless. Marshalling an impressive array of contemporary cases, and historical examples from Magna Carta to the present, Ess assails the law: “The unlimited power of the English Parliament should not have been given to our city councils.... The public work contracted to be done may be ruinous to the property taxed and to the property-owner, yet the tax-bills issued for doing this injury are sacred constitutional obligations and valid to all intents and purposes in the hands of the original wrongdoer. Our state constitutions rival the constitution of Hell and far exceed it in iniquity.”: Preface, v, ix.

337. Goss, John Dean. The History of Tariff Administration in the United States: From Colonial Times to the McKinley Administration Bill. New York: [Columbia University], 1891. 89 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. Cloth. New.  $65.
* Goss traces the tariff system through three avatars that often existed simultaneously: protective, preventive and punitive. From an ineffective colonial system that allowed importers to avoid payment through extended credit arrangements, to a somewhat less troubled system that demanded immediate cash payments in the early 1840s, to a punitive system designed to stymie smugglers during the Civil War, the collection of tariff duties was always problematic. This problem was enhanced in the wake of industrialization and protectionism when direct taxes began to supplant indirect taxation as the major source of government finance. Reviewing the history of American tariff regulation, Goss discerns a gradual process towards “more stringent supervision, regulation and control” (88).

Fascinating Depression-Era Study of Taxation

338. Green, William Raymond. The Theory and Practice of Modern Taxation. New York: Commerce Clearing House, 1933. vii, 266 pp. Original cloth, some shelfwear. Some soiling and a few creases to front endleaves, interior otherwise clean. Ex-library. Location label to spine, bookplate to front pastedown, stamps to endleaves and title page, card pocket to rear pastedown.  $125.
* “Probably the greatest value of the book is the light which it throws upon those specific provisions of our tax laws in which the seemingly best in theory has been forced to yield to the practical and expedient.”: American Bar Association Journal 25: 479-480.

339. Hall, Hubert [1857-1944]. The Antiquities and Curiosities of the Exchequer. Illustrated by Ralph Nevill. Preface by Sir John Lubbock. London: Elliot Stock, 1891. xiii, 230 pp. Illustrated. Octavo (5-1/2" x 8"). Quarter maroon gilt-stamped cloth over green cloth boards. Some fading to spine and wear to joints and head and foot of spine. Deckle edges. A nice copy.  $45.
* First edition. A title in The Camden Library Series that is valuable for its account of the Domesday Book and other early public records. Hall explores the ancient treasury of the kings of England, the design of their budgets and how they assessed taxes. Contents: “The Ancient Treasury of the Kings of England;” “Treasure and Records;” “The Exchequer House;” “the Officers of the Exchequer;” “The Chess Game;” “Exchequer Problems;” “The Making of the Budget.”

Fine 1926 Overview of The Federal Tax System

340. Montgomery, Robert H. Income Tax Procedure, 1926. New York: The Ronald Press Company, 1926. ix, [1], 1995 pp. Original cloth, some shelfwear, hinges cracked but secure, internally clean.  $150.
* One of a series of annual volumes, this edition offers an excellent overview of the Federal tax system as it existed in 1926. Montgomery was a leading American authority on taxation. “[His books share the following qualities]: a well balanced combination of law and accounting, a clear and concise style, a critical attitude no longer restricted to a few slapping remarks in the preface but prevailing wherever controversial points or untested innovations puzzle the student and call for elucidation by a courageous and unbiased expert.”: Harold Wurzel, Columbia Law Review 39:1080-1081. This book is the first part of a two-part set; the second deals with excess profits, estate, gift and capital stock procedure. See illustration below.

341. Sabine, B.E.V. A History of Income Tax. London: George Allen & Unwin, Ltd., [1966]. 288 pp. Cloth very good in lightly worn dust jacket.  $75.
* Traces the development of income tax from its beginnings in 1799 to the mid-twentieth century with reference to social, economic and political history.

1922 Treatise on Minimizing Taxes in

the United States

342. Sears, John H. Minimizing Taxes. Part I: Selection of Business Methods, Places of Incorporation, Personal Domicile, Investments, Etc. Part II: Synopses of the Tax Systems of Each of the States and of the United States. Kansas City: Vernon Book Company, 1922. xii, 706 pp. Original buckram, red and black lettering pieces. Moderate shelfwear and soiling, hinges cracked but secure, internally clean.  $150.
* “It is intended that Part I shall be frank and devoid of that mock patriotism which preaches from the taxing power’s vantage point and secretly takes advantage of any loophole in the law. No tricks are advocated or alluded to in this book, except to illustrate the fundamental differences between avoidance and evasion. (...) [I]t is believed that the information gathered, especially in Part II, will be of service to legislators, tax officials, students, and tax experts in making comparisons of our various tax systems.”: Preface iii. See illustration below.

343. Sears, John H. Trust Estates as Business Companies. Kansas City, Mo.: Vernon Law Book Company, 1921. xx, 782 pp. [1921]. Reprinted 1998 by The Lawbook Exchange, Ltd. Cloth. New.  $110.
* Reprint of the second edition. Sears invented the term “trust estates as business companies” which was recognized and defined in Rawle’s Third Revision of Bouvier’s Law Dictionary. A practical description of the law of trusts including historical perspectives into the origin of the modern “Massachusetts Business trust,” arguably the only common-law method of business organization available with limited liability for the organizers, including the Standard Oil Trust. The text also includes a discussion of income taxation which is still of continued relevance in today’s tax law, discussions of “Common Law Companies,” “Business Trusts” and “Voluntary Associations” and relevant Massachusetts and Oklahoma statutes. The second edition is a significant update to the original 1912 edition.

344. Seidman, J[acob] S. Seidman’s Legislative History of Federal Income Tax Laws 1938-1861. New York: Prentice-Hall, Inc., [1938]. xviii, 1166 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. Cloth. New.  $225.
* This legislative history of the course of federal income tax laws as they have proceeded through Congress will be useful to those arguing or ruling on tax cases. The work collects the texts of the committee reports and discussions on the floor of Congress relating to all of the income tax provisions of the Revenue Acts from 1861 to 1938 that are of interpretive significance. Material is arranged act by act in inverse chronology. “The principle contribution is that it gathers together in compact and organized form these essential materials, which are otherwise scattered through many volumes of the Congressional Record, committee reports, and elsewhere. Many of these reports, particularly in the case of the earlier acts, are either unavailable or are extremely difficult or expensive to obtain. [T]he work has been carefully and thoroughly done.”: A. H. Kent, American Bar Association Journal 25:479.

345. Seidman, J[acob] S. Seidman’s Legislative History of Federal Income and Excess Profits Tax Laws 1953-1939. New York: Prentice-Hall, Inc., 1954. Two volumes, 1,884 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. Cloth. New.   $350.
* Covering the years 1939-1954 in inverse chronology, a collection of the texts of United States congressional committee reports, Congressional Records, reports of hearings, and laws passed or rejected, relating to all of the income tax provisions of the Revenue Acts that are of interpretive significance, this legislative history will be of interest to those arguing or ruling on tax cases.

346. Seligman, Edwin R.A. [1861-1939]. Essays in Taxation. New York: Printed for the Columbia University Press by the Macmillan Company, 1903. x, 434, [4] pp. Original cloth, top edge gilt. Moderate rubbing to extremities with some wear to spine ends and corners, hinges cracked but secure. Owner signature to front free endpaper, occasional marks and underlining in pencil. A solid copy.  $35.
* Fifth edition. First published in 1895, this path-breaking book went through ten editions, the final appearing in 1931. Among its most important sections are the chapters on double taxation, the inheritance tax and the taxation of corporations. Seligman was an eminent economist and authority on tax issues who is best known for his promotion of the graduated income tax.

347. Seligman, Edwin R.A. The Income Tax: A Study of the History, Theory, and Practice of Income Taxation at Home and Abroad. Second Edition, Revised and Enlarged with a New Chapter. New York: The Macmillan Company, 1914. xi, 743 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. Cloth. New.  $140.
* Reprint of second edition, which includes a new chapter on the income tax of 1913. Seligman argued that graduated income taxes distribute the burden of taxation with greater justice than other systems. This was a persuasive idea. “In fact, Professor Seligman’s advocacy of the income tax in the various papers which were incorporated in [this book] was an important factor in educating the American public to the point where the passage of the Sixteenth Amendment and of the law of 1913 was possible”: Columbia Law Review 15:292. After he sets out the fundamental problem of the concept of income taxation, Seligman enhances his theoretical argument with a historical examination of income tax in Europe and the United States. In Part I he looks at the income tax in the middle ages, in England, Germany, France, Austria, Italy and Switzerland. In Part II he covers the history of the income tax in the United States from the New England colonies through the income tax of 1913, and includes discussion of the historical antecedents of the Direct Tax Clause, a description of the historical context of the Civil War income tax and the income tax in the Confederacy, and a consideration of the constitutionality of the income tax. With a useful index and a thorough bibliography.

348. [Stevens, John]. The Royal Treasury of England: Or, An Historical Account of All Taxes, Under What Denomination Soever, From the Conquest to this Present Year. Collected From the Best Historians, as Well Antient as Modern; Likewise from Many Valuable Manuscripts in the Cotton, and Several Other Choice Libraries, and Some Peculiar Offices in This Kingdom. Containing a Considerable Number of Particulars, Not to be Found in Printed Books. Shewing When the Crown was Supply’d, and Impositions Laid on the People, Only by Virtue of the King’s Prerogative, at What Times the House of Lords Alone has Done the Same, and When Reduc’d to the Parliamentary Method Now Established. Intermixt with Some Other Remarkable Occurrences. London: Printed for T. Tebb, and J. Wilcox, 1725. xxxi, [1], 372 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. Cloth. New.   $95.
* A fascinating history of royal taxation and expenditure from 1066 to the early eighteenth century. It examines such income sources as feudal pledges and penalties imposed on conquered enemies and such expenses as defense, maintenance of the royal household and the suppression of heresy. Highly regarded upon publication, it was a standard work for many years.

349. Thompson, [R]ichard [W]igginton [1809-1900]. The History of Protective Tariff Laws. Chicago: R.S. Peale and Co., 1888. xii, 526 pp. Octavo (6" x 8-1/2"). Portrait frontispiece with tissue overlay. Eight color charts. Contemporary maroon cloth with decorative black and green stamping to front boards and spine, patterned endpapers. Light shelfwear, corner of front board bumped, light fading to spine, binding slightly cocked, internally clean.  $25.
* First edition. This history is a powerful argument in favor of protective tariffs. Thompson, an important Indiana politician since the 1840s, was Secretary of the Navy during the Hayes administration (1877-1881).

350. Walker, Francis. Double Taxation in the United States. New York: Columbia College, 1895. vii, 132 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. Cloth. New. $75.
* Double taxation occurs when two or more tax jurisdictions overlap, such that one source of income or profit is subject to tax in each. This book analyzes problems raised by double taxation under the methods of direct taxation practiced in the United States. It contains both a general view of the law and its implementation and a summary of significant laws and cases. Walker [1870-1950] was a disciple of Edwin Seligman [1861-1939], the noted author of The General Property Tax (1890), The Income Tax (1911), “Are Stock Dividends Income” (1919) and other seminal works on taxation. See illustration below.

351. West, Max. The Inheritance Tax. New York: Columbia College, 1893. 140 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. Cloth. New. $60.
* This was the first American work devoted to taxes on the devolution of real and personal property. Notable for its depth and range, this book considers the subject from three perspectives. The first traces the history of inheritance taxation from antiquity to about 1890 in continental Europe, the British Empire and the United States. The second explores its legal theory, especially in the laws of different states in the Union. The final analysis explores its connection to economic theory. West concludes that inheritance tax is an important democratic institution, one that helps to create a level playing field by eliminating an advantage enjoyed by the rich.