In re Construction of Revenue Law

Citations

• 2 S.D. 58

Syllabus

<p>1. Act S. D. March 9, 1891, §§ 18, 19, allowing persons, in listing credits for taxation, to deduct from the gross amount thereof all bona fide indebtedness, without specifying whether the debts must be owing within or without the state; and further providing that deductions from the amount of personal property shall be allowed of such indebtedness, only as is due within the state; ard making no provision for deducting' indebtedness from the value of real estate, — are in contravention of Const. S. D. Ai't. 11, § 2, requiring ta'xes to be uniform on all real and personal property according to its value, and Section 4 providing' that the legislature shall provide for taxing ¡ill moneys, credits, etc.</p> <p>2. Such sections, in so far as they allow' deductions of indebtedness from the value of property liable to taxation, are a violation of Const. S. D. Art. 11, § 7, prohibiting the passage of any laws exempting' property from taxation otherwise than as provided in the constitution.</p> <p>(Syllabus by the Court.</p>