47 Ga. 382 | Ga. | 1872
There is no law of this State taxing notes or debts on any other basis than other property. Section 797 of the Code declares that “all real and personal estate, whether owned by individuals or corporations, resident or non-resident, is liable to taxation, unless specially exempted.” Section 801 says “all property, or other thing of value, subject to taxation, must be given in by the tax-payers as hereinafter set forth, at its fair market value, and must be taxed according to its value,” etc. It seems to follow, from this language, that a promissory note, if it be a thing of value, is to be taxed at
The State has a right to its taxes, and to take its own method of finding the property and ascertaining its value.' It is not shut up to any particular mode, and until the legal tax is in fact paid, it may add remedy after remedy until the tax-payer complies by paying; that one remedy fails, so far from being a reason why no other can be tried, it is the very best sort of a reason. The question in this case was, has the tax been paid? This the plaintiff undertook to show, by showing that at the time the tax was due he did not consider the debt of any value, and did not, therefore, give it in. I doubt if this proved anything. The question was, had it any value? What he thought then, might be a good reason why he did not give it in, but if he now thought it had then any market value, it was his duty now to give in and pay the tax. There was proof that the maker of the note was solvent. The records of the Court show that the holder of the note was pressing it as though it had value, and there is no proof that in fact the note had no market value. The statement by Mr. Irvin, of what he thought, at the several dates the tax was due, is not the question. Was there any proof before the jury that the note had no market value at those dates? Here was a note purporting to be worth so much.
The verdict is simply that the tax is unpaid. The judgment still exists. The plaintiff may give in and pay the tax-now. It is complained that he does not know what to pay. This is easily said; but it must be that it has some value. Men do not spend the time and labor and expense he is spending on property that is worthless. Let him fix a value, give in and pay the taxes on that value. If his return is attacked, he has then an issue, and he is in a position to ask the jury to find what is, and was, the value.
Under our law, the jury are not restricted to a mere verdict for the plaintiff or defendant. If the issue is made and justice requires, the Judge may, on the demand of the plaintiff, instruct the jury if they think, from the evidence, the tax— the tax on the market value — has not been paid, to find what was the market value, according to the proof, for each year. As it stands, we think the verdict right. Let the plaintiff give in and pay the tax; he can then go on. Until he does this, the law says he cannot go on.
Judgment affirmed.