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law the board has found that the present law is not adapted to carrying out the intention of Congress in regulating interlocking bank directorates. In its present form section 8 of the Clayton Act in operation often defeats the purpose for which it was enacted; it discriminates against national banks, and in many cases its enforcement results in unnecessary hardship to individuals and to the disadvantage of the banking and credit situation in certain communities. The board has repeatedly recommended the enactment of an amendment to the Clayton Act to overcome these defects.

(b) The Post Savings Act, section 2, providing for deposit of postal savings funds in member and nonmember banks.

(c) Farm Loan Act,4 providing for deposit of funds of Federal Land Banks.

(d) The First Liberty Bond Act,in reference to the deposit of the proceeds of the sale of Liberty Bonds.

(e) The Second Liberty Bond Act.8

(f) The Third Liberty Bond Act." The effect of these three Liberty Bond Acts was to amend sections 15 and 19 of the Federal Reserve Act.

(g) The War Finance Corporation Act,8 section 13, providing for the purchase and discount by the Federal Reserve Bank of obligations secured by bonds of the War Finance Corporation (Federal Reserve notes issued against security of such obligations), which section in effect amends sections 13 and 16 of the Federal Reserve Act.

(h) The War Finance Corporation Act, section 15, providing for the deposit of funds of the War Finance Corporation in member or Federal Reserve Banks, in effect amending sections 13 and 16 of the Federal Reserve Act.

(i) The Pittman Act,19 providing for melting silver dollars and the issues of $1 and $2 Federal Reserve Bank notes.

(i) The Trading with the Enemy Act, 11 restricting transactions in foreign exchange.

(k) By the act fixing the powers of national banks. 12

(1) The act in regard to the form and denominations of national bank circulating notes. 13

10

3 Act June 25, 1910 (36 Stat. 814), as amended by Act May 18, 1916 (39 Stat. 159).

4 Act July 17, 1916, 88 5, 6, 13, and 27 (39 Stat. 364, 365, 372, 386 [Comp. St. $$ 98350, 9835cc, 9835g, 9835r]).

5 Act April 24, 1917, § 7 (40 Stat. 37 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, & 6829hh]).

6 Act Sept. 24, 1917, § 8 (40 Stat. 288 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, 88 6612a, 6829m]).

7 Act April 4, 1918, 5 (40 Stat. 502 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, $ 6829m]).

8 Act April 5, 1918 (40 Stat. 506 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 31151.gg]).

9 Act April 5, 1918, as amended by Victory Liberty Loan Act March 3, 1919 (40 Stat. 1309).

10 Act April 23, 1918 (40 Stat. 535). 11 Act Oct. 6, 1917 (40 Stat. 345), as amended by Act Sept. 24, 1918 (40 Stat. 965).

12 R. S. § 5136, as amended by Act July 1, 1922 (42 Stat. 767 [Comp. St. Ann. Supp. 1923, 88 9661, 9661(1)]).

13 R. S. § 5172, as amended by Act March 3, 1919, 40 Stat. 1315, in effect amending section 27 of the Federal Reserve Act (Comp. St. Ann. Supp. 1919, § 9714).

(m) The act placing limitations upon loans of national banks to one person. (n) The act restricting the national bank total indebtedness.15 (0) The act fixing penalties for false certification, embezzlement, etc.16 (p) The Revenue Act of 1921, title XI, in regard to stamp taxes.17 (9) The abolition of subtreasuries.18 (r) By the Transportation Act of 1920,19 providing for loans to railroads.

(s) The Agricultural Credits Act, providing for Federal Intermediate Credit Banks. 20

3. Court Decisions Affecting Federal Reserve System

The following decisions by the United States Supreme Court have had an important bearing upon the activities of the Federal Reserve Board and the Federal Reserve System generally:

(a) The case of Farmers' & Merchants' Bank of Monroe, N. C., v. Federal Reserve Bank of Richmond, Va.,21 deciding that a state law which prevented the board from establishing universal par clearance was not unconstitutional.

(b) State of Missouri ex rel. Burnes National Bank of St. Joseph v. Duncan 22 decided that a national bank of Missouri, holding a permit from the Federal Reserve Board, may act as executor.

(c) American Bank & Trust Co. v. Federal Reserve Bank of Atlanta 23 decided that Federal Reserve Banks cannot be compelled to pay exchange charges, nor abandon their superior facilities for handling and collecting checks, because their collection of checks causes country banks on which drawn to lose the profits made under the former methods of collecting checks.

(d) First National Bank of Bay City v. Fellows,24 holding that the Federal Reserve Board may grant by special permit to national banks, when not in contravention of state or local law, the right to act as trustee, executor, administrator, or registrar of stocks and bonds.

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4. Activities

(a) By section 11 of the Federal Reserve Act, the board is authorized to examine, at its discretion, the accounts, books, and affairs of each Federal Reserve Bank and of each member bank, and to require such statements or reports as it

14 R. S. § 5200, as amended by Act Sept. 24, 1918, supra, and Act Oct. 22, 1919 (41 Stat. 296 (Comp. St. Ann. Supp. 1923, § 9761]).

15 R. S. § 5202, as amended by War Finance Corporation Act (40 Stat. 512) and Act Oct. 22, 1919 (41 Stat. 297 [Comp. St. Ann. Supp. 1923, $ 9761]).

16 R. S. 88 5203, 5209, amended by Act Sept. 26, 1918 (10 Stat. 968 [Comp. St. Ann. Supp. 1919, 88 9770, 9772]).

17 Sections 1100, 1101, and 1102 of Act Nov. 23, 1921 (42 Stat. 301, 302 (Comp. St. Ann. Supp. 1923, 88 6318i-6318k]).

18 Act May 27, 1920 (41 Stat. 654 [Comp. St. Ann. Supp. 1923, 8 6585a]).

19 Section 210 of Act Feb. 28, 1920 (41 Stat. 457 [Comp. St. Ann. Supp. 1923, 8 1007114 dd]).

20 Act March 4, 1923 (42 Stat. 1454).
21 262 U. S. 649, 43 S. Ct. 651, 67 L. Ed. 1157, 30 A. L. R. 635.
22 265 U. S. 17, 44 Sup. Ct. 427, 68 L, Ed. 881.
23 262 U. S. 643, 43 Sup. Ct. 619, 67 L. Ed. 1153.

24 First National Bank of Bay City v. Fellows ex rel. Union Trust. Co., 244 U. S. 416, 37 Sup. Ct. 734, 61 L. Ed. 1233, L. R. A. 1918C, 283, Ann. Cas. 1918D, 1169.

may deem necessary. (b) To permit, or, on the affirmative vote of at least five members of the Reserve Board, to require, Federal Reserve Banks to rediscount the discounted paper of other Federal Rescrve Banks at rates of interest to be fixed by the Federal Reserve Board.

(c) To suspend for a period not exceeding 30 days, and from time to time to renew such suspension for periods not exceeding 15 days, any reserve requirements specified in this act.

(d) To supervise and regulate, through the bureau under the charge of the Comptroller of the Currency, the issue and retirement of Federal Reserve notes, and to prescribe rules and regulations under which such notes may be delivered by the Comptroller to the Federal Reserve agents applying therefor.

(e) To add to the number of cities classified as reserve and central reserve cities under existing law, in which national banking associations are subject to the reserve requirements set forth in section 20 of this act.

(f) To suspend or remove any officer or director of any Federal Reserve Bank, the cause of such removal to be forthwith communicated in writing by the Federal Reserve Board to the removed officer or director, and to said bank.

(g) To require the writing off of doubtful or worthless assets upon the books and balance sheets of Federal Reserve Banks.

(h) To suspend, for the violation of any of the provisions of this act, the operations of any Federal Reserve Bank, to take possession thereof, administer the same during the period of suspension and, when deemed advisable, to liquidate or reorganize such bank.

(i) To require bonds of Federal Reserve agents.
(j) To exercise general supervision over said Federal Reserve Banks.

(k) To grant, by special permit to national banks applying therefor, when not in contravention of state or local law, the right to exercise fiduciary powers.

(1) To review and determine the rates of discount which are established by the Federal Reserve Banks.

5. Organization
I. The Federal Reserve Board consists of:

The Chairman, the Secretary of the Treasury, ex officio;
The Governor;
The Vice Governor;
Four other members; and

The Comptroller of the Currency, an ex officio member.
II. The Staff.

Secretary.
Assistant Secretary.
General Counsel.
Fiscal Agent.
Chief Clerk.
Statistician.

III. Divisions.

(a) Chief of Division of Examination and Chief Examiner.
(b) Director, Division of Research and Statistics.
(c) Chief, Division of Bank Operation.

(d) Chief, Division of Federal Reserve Issue and Redemption. 6. Publications

(a) Digest of Rulings of the Federal Reserve Board, obtainable from the Chief Clerk of the Board at $2 per copy.

(b) Federal Reserve Bulletin, published monthly by the Federal Reserve Board, obtainable from the Chief Clerk of the Board, Washington, D. C.

(c) Regulations of the Federal Reserve Board, 1924. Government Printing Office.

623

CHAPTER 57

BOARD OF TAX APPEALS

1. Origin and Mission

The Board of Tax Appeals was created by the Revenue Act of June 2, 1924,1 and is under the immediate direction of the President. The act provides that the board and its divisions shall hear and determine appeals filed under sections 274, 279, 308, and 312. 2. History

Twelve members of the board were appointed for the two-year term ending June 1, 1926, on June 2, 1924, and entered on duty July 16, 1924. The nucleus of the board thus appointed promptly undertook the preparation of rules of practice and methods of procedure. Since that time the board has heard a large number of tax appeals and has rendered decisions thereon.

"Criticism of the income tax and a large part of the dissatisfaction with it are the result of delay and uncertainty in the final determination of a taxpayer's liability. Taxes can usually be paid within a short time after the receipt of the income on which the tax is based without serious embarrassment. The payment, however, of a large additional tax on income received several years previous and which may have since its receipt either been wiped out by subsequent losses or invested in nonliquid assets may force a taxpayer into bankruptcy and often causes financial sacrifice and hardship. Provision should be made for the prompt and final determination of a taxpayer's liability and such was the purpose in the suggestion for a Board of Tax Appeals.

“The provisions of the bill, however, with reference to the board, make it in all its essentials practically a court of record. The board is to be bound by formal rules of evidence and procedure. In each case a formal record must be prepared and all oral testimony in cases involving more than $10,000 must be reduced to writing and an opinion in addition to the findings of fact and a decision must be written. A taxpayer is entitled to appeal to the board before any assessment can be made. The reduction in the salary of the members of the board from $10,000 as recommended by the Treasury to $7,500, and the reduction of the term of office of the original appointees from the ten years recommended to two years, make it difficult to secure for membership on the board men with training, experience and ability. This Board of Tax Appeals, unable to secure the proper type of men for membership, hampered and burdened with rules of procedure and evidence and forced to prepare a record, a finding of fact, and a decision in practically every case, will be unable to handle the business which will come to it. The result will be greater delay in the final settlement of tax cases, and may ultimately result in the complete breakdown of the administrative machinery for the collection of taxes.” 2

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1 Revenue Act June 2, 1924 (Pub. No. 176, 68th Cong. [33 Stat. 253]).

2 Statement by President Coolidge, Annual Report of the Secretary of the Treasury, 1924, p. 266.

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