CopyCited 113 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 4960, 2011 WL 833222
jurisdiction." (emphasis added)); 73 Pa.Stat. Ann. § 201-9.2(a) (West 2010) (creating a similar private right
CopyCited 61 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 17021
...ion. Richardson v. Perales,
402 U.S. 389, 401 ,
91 S.Ct. 1420, 1427 ,
28 L.Ed.2d 842 (1971). Our decision finds support in regulations promulgated by the Secretary but not in effect at the time of Freeman’s hearing. See 20 C.F.R. § 201.00 (1981). Section
201.09 warrants classifying the claimant as disabled where (1) his maximum work capacity is limited to sedentary work, (2) he is closely approaching advanced age, (3) his education is limited, and (4) his employment history is confined to unskilled work....
...Freeman, an unskilled laborer who was age forty-nine at the time of his injury and is now in his mid-fifties, possesses a fourth grade education, can perform only limited sedentary work (if at all) and has an IQ of 62. Whether his classification is judged under section 201.09, or section 200.00(h), the outcome is disability....
CopyCited 44 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 18658
...7 For instance, the sedentary grid determines that a 50-year old claimant with no skills and limited education is disabled, while a 49-year old claimant with the same characteristics is not disabled. Compare 20 C.F.R. part 404, subpart P, Appendix 2 § 201.09 with id....
CopyCited 28 times | Published | Florida 2nd District Court of Appeal | 13 U.C.C. Rep. Serv. (West) 383
...We, of course, have read the record, particularly that portion cited by appellee, and we simply do not find any conflict in the testimony. It is clear that Mr. Applegate agreed that the second note could be substituted for the first note and that by complying with F.S. § 201.09, F.S.A., further stamps would be unnecessary....
...One is that a man in the position of appellant here would never be able to limit his liability of indebtedness to a bank for the reason that the bank could ignore, as was done here, any contractual limitations, nor would he be able to rely on the clear intent of F.S. § 201.09, F.S.A....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...Appellee then brought suit for declaratory and injunctive relief against appellant. Appellee contends that the second note incorporated the first note and that the second note was in part merely a substitution for the first note and therefore constituted an exempt renewal note within the meaning of § 201.09, Florida Statutes....
...This, however, ignores the requirement of §
201.08(1), supra, that the tax be paid on renewal notes. The tax is payable regardless of whether or not a part or all of the obligation of a renewal note was subjected to the stamp tax in the original note unless the renewal note comes within the terms of §
201.09, Florida Statutes, which we will discuss further below....
...The fact that the document incorporates a preexisting promise to pay is not controlling as to its taxability so long as the pre-existing promise to pay is part of the legally enforceable obligation of the document, unless, as aforesaid, it falls within the exemption of § 201.09, supra. That statute provides as follows: "201.09 Renewal of existing promissory note; exemption....
...ed to it the original promissory note with canceled stamps affixed thereon showing full payment of the tax due thereon." (Emphasis supplied) To rule that a note which includes the obligation of another note (and does not fall within the exemption of §
201.09, supra) is exempt from the tax would fly in the face of the very terms of the statute which taxes renewal notes §
201.08(1), supra. It was clearly the legislative intent of §
201.08(1), supra, to tax a renewal note for the full amount of the obligation if it included the obligation of another note and was not covered by the exemption of §
201.09, supra. Here the second note obviously enlarged the obligation of the first note, is therefore not exempt under §
201.09, supra....
...t that a tax is not due on that portion of the obligation which includes the obligation of the previous note, but these opinions do not deal with situations such as that presented here. They relate to renewal notes which come within the exemption of § 201.09, supra second notes which do not increase the obligation of the original note (or notes) and which are renewed by the second note....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Compare 20 C.F.R. part 404, subpart P, Appendix 2 §
201.09 with id. at §
201.18. See, e.g., Cummins v. Schweiker
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 4205
...The November 27, 1979 Senate Staff Analysis and Economic Impact Statement expressed the underlying purpose of the amendment which, in pertinent part, provides as follows: “II. Economic Impact and Fiscal Note A. Public The effects of the current law have caused additional expenses for lenders as well as borrowers. Section 201.09, Florida Statutes does not require documentary stamps for renewals since they are deemed to be merely a continuation of an existing indebtedness....
CopyPublished | Court of Appeals for the Eleventh Circuit
” (emphasis added)); 73 Pa. Cons. Stat. Ann. § 201-9.2(a) (West 2010) (creating a similar private right
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4683
...This is a petition for writ of certiorari to review a decision of the District Court of Appeal, First District, upon a question certified to be of great public interest concerning partial exemption of a renewal promissory note from documentary stamp tax under section 201.09, Florida Statutes (1975)....
...On July 11, 1974, respondent Miami National Bank filed suit for declaratory judgment against petitioner Department of Revenue seeking a determination whether certain renewal notes were taxable in full pursuant to section
201.08(1), Florida Statutes (1975), or partially exempt under the provisions of section
201.09, Florida Statutes (1975)....
...ount of $5,000. The bank attaches the old note for $10,000 to the new note and A affixes documentary stamps representing the $5,000 increase. The trial court held that the original $10,-000 portion of the subsequent note fell within the exemption of section 201.09, Florida Statutes (1975), and hence was not subject to documentary stamp taxation. 'On appeal, the District Court of Appeal, First District, accepted the following rea- *2 soiling of the trial court and affirmed the judgment below: “It is clear that the intent of the legislature in enacting Florida Statute 201.09 was to exempt renewal notes from taxes....
...thereof. Mortgages which incorporate the certificate of indebtedness, not otherwise shown in separate instruments, are subject to the same tax at the same rate. [Emphasis supplied.] A limited exception to this tax on promissory notes is provided by section 201.09, Florida Statutes (1975): When any promissory note is given in renewal of any existing promissory note, which said renewal note only extends or continues the identical contractual obligations of the original promissory note and evidenc...
...[Emphasis supplied.] It is clear from a reading of these enactments that the legislature intended only to exempt renewal notes which do not enlarge the original indebtedness. Respondents’ attempted construction of the scope of the exemption afforded by section
201.09 ignores the plain language of that section as well as section
201.08(1)....
...“[o]n promissory notes . and for each renewal of the same . . . . ” This straightforward and unambiguous declaration of the objects of documentary stamp taxation adopted in 1931 1 was followed in 1937 2 by equally clear language now appearing in section 201.09, Florida Statutes (1975), which provided exemption for a renewal promissory note which “only extends or continues the identical contractual obligations of the original promissory note ....
...and without enlargement in any way of said original contract and obligation . . . .” (Emphasis supplied.) The present renewal note in the amount of $15,000 increased the original $10,000 note by $5,000. Consequently, the renewal portion of the note does not fall within the exemption provided by section 201.09, Florida Statutes (1975)....
...In McCoy the district court recognized this principle in finding that the full amount of the renewal note was subject to documentary stamp tax: To rule that a note which includes the obligation of another note (and does not fall within the exemption of §
201.09, supra) is exempt from the tax would fly in the face of the very terms of the statute which taxes renewal notes — §
201.08(1), supra. It was clearly the legislative intent of §
201.08(1), supra, to tax a renewal note for the full amount of the obligation if it included the obligation of another note and was not covered by the exemption of §
201.09, supra. Here the second note obviously enlarged the obligation of the first note, is therefore not exempt under §
201.09, supra, and is therefore taxable for the full amount of its obligation — $3,500,000....
...Green, Fla.,
120 So.2d 603 , said: “We are not privileged to make the taxability of a transaction dependent upon any consideration of some alternative procedure which might not have been taxable.”
302 So.2d at 443 . An application of sections
201.08(1) and
201.09, Florida Statutes (1975), to the transaction in question clearly requires taxation on the full amount of the renewal note....
...icated solely upon the manner in which the loans were memorialized, nonetheless, it is not the province of this Court to vary the clear legislative intent expressed in these provisions. If the citizens of Florida believe that sections 201.-08(1) and 201.09 result in elevating form over substance, the legislature is the proper forum in which to seek their amendment....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1242, 1992 WL 25875
...he Department of Revenue and Gerald Lewis, as Comptroller, in its suit to obtain a refund of documentary stamp taxes previously paid. We conclude, based upon the record before us, that the document in question did not qualify for tax exemption under Section
201.09, Florida Statutes (1985), and therefore affirm. Section
201.08, Florida Statutes (1985), imposes documentary stamp tax liability on promissory notes and other written obligations to pay money and the renewal of same. Section
201.09 provides an exemption from the documentary stamp tax for renewal notes when the renewal note “only extends or continues the identical contractual obligations of the original promissory note and evidences part or all of the original indebtedness evidenced thereby.” Appellant, as a taxpayer seeking to shelter itself under the section
201.09 exemption, had the burden to establish its entitlement to exemption....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 17285
...The bank attaches the old note for $10,000 to the new note and A affixes documentary stamps representing the $5,000 increase. The trial court held that the renewal portion of the example note was not subject to documentary stamp taxation, since it fell within the exemption provisions of Section 201.09, Florida Statutes; hence this appeal by the Department of Revenue....
...ed renewed. 4. The Defendant Florida Department of Revenue [appellant] assessed Plaintiffs for documentary stamp taxes and penalties on these notes on the ground that the renewal notes did not fall within the exemption for renewal notes contained in Section 201.09, Florida Statutes. Plaintiffs filed suit for declaratory judgment as to the validity of the tax assessment and the penalty. Section 201.09, Florida Statutes, provides in part as follows: Renewal of existing promissory note; exemption....
...advances are taxable. This regulation by the Department of Revenue could reasonably cause the taxpayer to believe that additional advances are taxable but that the existing indebtedness is not again taxed in order to comply with the Florida Statute 201.09....
...dness if the Department of Revenue prevailed. Every taxpayer should pay his taxes but no taxpayer should be required to pay double solely because of a procedural requirement. It is clear that the intent of the legislature in enacting Florida Statute 201.09 was to exempt renewal notes from taxes....
...mer Comptroller of the State of Florida, the purpose of which opinion was the guidance of the state in determining the tax status of just such obligations as here involved. Since appellant urges that the trial court failed to quote that portion of F.S. 201.09 which requires that the entire obligation sub judice be taxed, we quote the statute in toto: “201.09 Renewal of existing promissory note; exemption....
CopyPublished | District Court of Appeal of Florida | 1988 Fla. App. LEXIS 1559, 1988 WL 32906
THREADGILL, Judge. Appellants challenge the trial court’s finding that a renewal note did not qualify for exemption from documentary stamp tax under provisions of section 201.09, Florida Statutes (1983)....
...Subsequent to a full hearing, the trial court denied appellants’ motion and granted final summary judgment in the department’s favor, finding that documentary stamp tax was due on the entire $18,100,000 amount of the renewal note. In its order, the trial court cites section 201.09(1) which provides in pertinent part: When any promissory note is given in renewal of any existing promissory note, which renewal note only extends or continues the identical contractual obligations of the original promissory note and e...
...See also Hialeah, Inc. v. Dept. of Revenue,
380 So.2d 562 (Fla. 3d DCA 1980). Therefore, on the authority of Bo-nard and its rationale, the renewal note in this case should be exempt from documentary stamp taxes provided the other criteria of chapter
201.09(1) are met....
