256 Mo. 455 | Mo. | 1914
OPINION.
L
In the notice given relator of the intention of the board of equalization to increase its assessment, reference is made to the source of its power, in section 9150, Revised Statutes 1899, now section 11354 of the present revision. Whether under the provisions of the Constitution (art. 9, secs. 23, 25) this section of the statute is applicable after the adoption of the charter of St. Louis need not be ruled. [State ex rel. v. Wilder, 198 Mo. 166; Bremen Bank v. Umrath, 55 Mo. App. 43.] The board of equalization was created by the charter and its duties are defined' therein and these include the authority to notify the relator of a proposed increase of the assessment of its property, and a mere mistake or inadvertence in referring to the act of the Legislature instead of the provisions of the charter, in the notice to appear, could not divest the board of any rightful authority possessed by it under the terms of the charter of the city of St. Louis.
It is -not denied and the record of the board’s action discloses that relator duly appeared at the time fixed in the notice for the consideration of an increase in its assessment. This cured any informality in the notice and secured to relator the hearing it was entitled to have before the increase of the assessment. [State ex rel. v. Baker, 170 Mo. l. c. 199, 203.]
The record sent up in obedience to the writ further shows that, after such hearing, the board of equalization only increased the assessment to the amount of its secured loans made as pawnbroker, to-wit: $40,000, admitted by relator on the hearing, and that of this amount the board deduced thirty per cent, so as to equalize the valuation of this property with the valuation put upon real estate for assessment pur
II.
Taxes are leviable on all property except as exempted by statute (R. S. 1909, secs. 11334-5, 11337, 11384, 11519) and the fact of such exemption must appear in express terms or by necessary implication, in the language of the Constitution or the statute. If the terms of the law which are invoked to show an exemption from taxation are susceptible of any other rational construction, the exemption cannot exist. [Cooley on Taxation (3 Ed.), 356; State ex rel. v. Casey, 210 Mo. l. c. 248; Fitterer v. Crawford, 157 Mo. 51.]
We may concede for the argument that an implication might be drawn from the language of the section of the statute (R. S. 1909, sec. 11386), referring to deductions for any indebtedness to “any mutual insurance company . . ., any unpaid subscription to any religious, literary, scientific or charitable institu
This shows that the admissible inference to be 'drawn from the first section is not the only reasonable deduction which its terms' afford, and, hence,, does not in logic have the strength' of a conclusive deduction shutting out all others, and thereby making it a necessary implication from the language of the statute, as it would have to be tó fall within the principles •of law above stated. •' -
"" " We hold' that, there is-nothing in the -language of •the'sections, supra,.which supports the .theory of ap
in.
Neither do we perceive any logical reason why such general indebtedness should only be deducted from personal rather than real property.
IY.
The final contention of appellant is that the board of equalization erred in refusing relator credit for an assumed percentage of its forfeited loans. Even if this question was raised by the face of the record we should not sustain the assignment of error. [State ex rel. v. Cunningham, 153 Mo. 643; Judson on Taxation in Missouri, p. 239.]
It was not shown that such a percentage of forfeitures of its loans would cause any pecuniary damage to relator. All of them were secured by pledged property' inferably of greater value than the amount loaned.
The statute (R. S. 1909, sec. 11387) permitting the taxpayer to deduct from his “credits” what portion he is unable to collect, does not mean that he shall do so, when he collects the amount due him by getting its value in property though not in money.
The judgment is affirmed.