The Law And Practice in Bankruptcy Under the National Bankruptcy Acts of 1898

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321; New Jersey v. Anderson, 203 U. S. 483, 17 Am. -B. R. 64, 51 L. Ed. 284, 27 Sup. Ct. 137, revg. 14 Am. B. E. 604. 137 Fed. 858, and superseding In re . Danville Eolling Mill Co.
(D. C, Pa.), 10 Am. B. R. 327, 121 Fed.
432; Matter of Mutual Mercantile Agency (Eef., N. Y.), 8 Am. B. R. 435.
998 Debts Which Have Pbioeity. [§ 64-a.
payable as of the date of the entry of the tax lien in the proper office, where such entry is required;''^ but a sum exacted by a State for the privilege of increasi
...ng the capital stock of a corporation is not a debt entitled to priority upon the corporation subsequently becoming bankrupt, but is a provable debt entitled to a pro rata distribution with other general creditors. '^^ Taxes assessed against a partnership must be paid from the estate of an individual partner where he is individually liable under the State law.''* The fact that a claim is called a tax does not make it so;'^* as where by a State statute a corporation is required to- collect of its bondholders a State tax on a mortgage securing its bonds, the corporation is merely a collecting agency, and the tax is not that of the corporation entitled to priority of payment upon its being adjudicated a bankrupt.^" So, when a State statute speaks of a license to sell liquors as a " tax," that does not make it a tax.

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