Kurt Steven and Juanita Fay Urban - Page 9

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          purposes of section 164(a)(1), then it would not be deductible as           
          such, but rather it would reduce the amount realized on the sale            
          of the property.  Sec. 164(a).                                              
               The Washington Revised Code Annotated section 82.45.060, Tax           
          imposed on sale of property–-Additional tax imposed (West 2000),            
          provides in part as follows:                                                
               There is imposed an excise tax upon each sale of real                  
               property at the rate of one and twenty-eight one-                      
               hundredths percent of the selling price.  An amount                    
               equal to seven and seven-tenths percent of the proceeds                
               of this tax to the state treasurer shall be deposited                  
               in the public works assistance account * * *[5]                        
               [Emphasis added.]                                                      
          See Wash. Rev. Code Ann. ch. 82.45 (West 2000); Wash. Admin. Code           
          sec. 458-61-015, Real Estate Excise Tax (2004).                             
               According to the statute, it is clear that the nature and              
          character of the tax at issue are those of an excise tax.                   
          Typically, an excise tax is imposed on the consumption,                     
          manufacture, or sale of certain commodities, privileges,                    
          particular business transactions, and the like.  See Flint v.               
          Stone Tracy Co., 220 U.S. 107, 151 (1911).  In the instant case,            
          the Washington State real estate excise tax is a tax on the                 
          transaction or particular privilege of selling real property.  In           


               5  Petitioner claims, and respondent does not dispute, that            
          the real estate excise tax is for the general public welfare.  We           
          note that the public works assistance account is established in             
          the State treasury, and that the money in the account is used to            
          make loans and to give financial guarantees to local governments            
          for public works projects.  Wash. Rev. Code Ann. sec. 43.155.050            
          (West 2000).                                                                





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