I. GENERAL
117
amount of the tax and 50 per cent penalty, upon his sign-
ing and swearing to return (Form 11), the collector should
receive the money proffered. This does not relieve such
person from his criminal liability. (1. D. 21850.)
Department has no authority to refuse to issue special
tax stamp to liquor dealer in prohibition territory, which
stamp is not a license, but merely a receipt for the tax.
(T. D. 1826.)
Sec. 3233. Every person engaged in any trade or busi-
ness on which a special tax is imposed by law shall
register with the collector of the district his name or
style, place of residence, trade or business, and the place
where such trade or business is to be carried on. In case
of a firm or company, the names of the several persons
constituting the same, and their places of residence, shall
be so registered.
Sec. 8234. Any number of persons doing business in
copartnership at any one place shall be required to pay
but one special tax.
182
Trade or busi-
ness to be regis-
tered.
183
Persons in part-
nership at same
place liable for
only one tax.
United States v. Glab (99 U. 8S, 225; 25 Int. Rev. Rec,
34). See section 3241. (Sec. 190, U. 8. C.)
The firm name is the only name that is necessary in a
special-tax stamp issued to a partnership. (T. D. 1008.)
Sec. 3285. The payment of the special tax imposed 184
shall not exempt from an additional special tax the per- Payment of one
son carrying on a trade or business in any other place To core apt]
than that stated in the collector’s register; but nothing jes *
herein contained shall require a special tax for the storage
of goods, wares, or merchandise in other places than the
place of business, nor, except as hereinafter provided,
for the sale by manufacturers or producers of their own
goods, wares, and merchandise, at the place of produc-
tion or manufacture, and at their principal office or place
of business, provided no goods, wares, or merchandise
shall be kept except as samples at said office or place of
business.
Where beer is delivered to customers from a storage
house, that house is held to be a place of sale for which
special tax is required to be paid, unless there has, in
every instance, been prior constructive delivery at a regu-
lar place of business elsewhere. (T. D. 18999.)
Where warehouses for storage of malt liquors are merely
places of storage and not places where customers leave
their orders, special tax is not required to be paid there-
for, nor a special-tax stamp required to be posted up
therein. (T. D. 21619.)
Goods are offered for sale at the place where they are
kept for sale, and where a sale may be effected. They
are not offered for sale elsewhere by sending abroad an
agent with samples or by establishing an office for the
purpose of taking orders. (United States wv. Chevalier,
107 Fed., 434; T. D. 310.)
But a wholesale liquor dealer at one point permitting
actual delivery from warehouse at another point without
prior constructive delivery at place where special-tax
stamp is held is liable for special tax at the place of deliv-
ery. (De Bary v. Dunne, 172 Fed., 940; T. D. 1550.)