Variety (Nov 1940)

Wednesday; November 6, 194o U.S. Rules That Even Alien Hmers , Washington, Nov. 5. ■Principle that the California* com- munity property laws apply even to alien film actors, although their wives may hot be in the United States, was further entrenched in the American tax statutes last week by a ruling in the case of Paul Cava^ nagh, Britisher, whose spouse has spent only a few days in this coun- try. '". ' ' ■ ' ■ Following the reasoning employed in deciding a recent tiff involving Herbert Marshall, the U:S. Board of Tax Appeals denied a claim of the internal Revenue Bureau that Cava- nagh (Teal name William G. Atkin- son) is responsible for the income tax on ail of his film earnings. Amount involved was not disclosed, although, the controversy revolved around a Government demand for additional $982 and actor's attempt to collect overpayment of $1,995. Two. issues were presented by the case. First; which Cavanagh lost, related to advance of $3,500 to a iiqU.br salesman seeking added cap- ital for his business, which served studio workers primarily, The other was on the often r disputed community property law* 'After holding that Cavanagh could not deduct as a 'bad debt* the $3,500 given one Rudy Pauly, the Board of Tax Appeals reaffirmed that. the domicile of the husband is the domi- cile of the wife' and the actor was entitled to split his earnings, thereby halving his tax . liability. His wife left him in Alberta in 1922 and has lived subsequently in Canada and England, Visiting New York only once. The Government again endeavored to establish that, in order to take ad- vantage of the California community property law, ah actor must show that his wife also lives in California. With one member dissenting, the board of umpires said 'even though the wife never entered the State of California in her life, we must conclude that. she was domiciled therein anji can thus avail herself of the benefits of the community prop- erty statutes.' ; Catch in the decision, however, in- volves the wives in such situations. While all of the film earnings can be divided-r-regardless of what share the frau receives—under the precedents, the Board held that the wives, must make . a tax return on half of the hubby's income.' What happens when ' she is not a resident of the U. S. was not answered; presumably there is nothing this country can do about it ttnless she comes here and Is served "with a. deficiency assessment. DURBAN'S SUPPORT Flock of Name Players to Be In 'Nice Girl* .. After experimenting with and Without other b.o. names to back up Deahna Durbin in her recent star- rers, Universal has decided to pile up added talent for the next. Lined up for the comer, "Nice Girl,' are Franchot Tone, Helen Broderick, Walter Brennan and Robert Bench- ley, in addition to some lesser names. Picture-before^last, 'It's a Date,' featured Kay Francis and Waiter Pidgeon with Miss Durbin. Last one, 'Spring Parade,' depended Upon the young femme almost Wholly for b.o, draw. Results obviously dictated the new policy. Henry Koster, who directed 'Spring Parade/ is expected to arrive in New York this week for a short rest ber fore beginning work on "Nice Girl.' He had his tonsils nipped but about 10 days ago: His wife has been east about six weeks and he'll join her in Manhattan. RKO circuit In Greater New York has found the new handling of dual features at the night shows so satis- factory at the 86th St. theatre that it has inaugurated the same scheme at four other houses, the Columbia and ; Strand, Far' Rockaway; the Park, Rockaway Park; and Marble Hill, in the Bronx. Specific realignment of two fea- tures so that the main picture goes oh at 9i30 pjn. was made to satisfy patrons who might want to see the top feature and not the second one. This arrangement enables customers to be but of the theatre by 11 p.m. and makes it unnecessary to sit through the minor feature to see the main film at a late hour. RKO STALLING ANY PFD. STOCK DIWY A Conspiracy! Detroit, Nov. •. \ Detroit, which often has fell that it has been neglected as the locale for motion pictures, still is shaking its head groggily oyer this one: . '■' Par amount's forthcoming flicker, -F.Q.B. Detroit,' starring Joel McCrea, will have as its locale Nash's modernized auto- . mobile plant—in Kenosha, Wis. Directors of RKO again considered the subject of dividend declarations on the preferred stock at the. meet- ing last Thursday (31) but again took no action. Understood that the Company does not intend making any dividend distributions until, all claims of creditors and Others involved in the; corporation's emergency from 77-B have been entirely settled. The court has trimmed many of these but until the final settlement is known the company does not be- lieve the true financial-picture will be available for consideration on divvy matters. RKO earned its dividend require- ihents on the preferred for the first six months this year. Thus 'far, the dividends accumulated and unpaid on such stock totaled $4.50 per ' share. '■V : ' RKO's $317,816 Net Despite a writeoff of $1,328,374 for depreciation and ; taxes, RKO and subsid companies reported het profit of $317,186 for. the 39 weeks ending last Sept. .28. No equitable com- parison With last year's earnings ; statement for that period because the corporation still was in receivership at. that ' time and had numerous in- cidental expenses then; . Profits,from, operations before de- ducting all charges totalled $1,865,- 142. RKO also deducted $219,581, as ./■;• 'proyision. for dividends accrued dur-r Ing the period on preferred stock of a subsidiary company; in hands of public {this presumably is Keith-Al- bee-Orpheum), before arriving at its net profit figure. RKO HOME-OFFICE HQ REyAMPS rrs layout RKO is planning to rearrange its home office quarters in the JIKO Bldg., N. Y . so that the theatre , de- partment and picture units are more closely integrated. Actual plans have been drawn up, with only final okay by president /George J. Schaefer remaining to put them into action.. One of principal changes will be moving the ad-publicity-exploitatibn department tb4he 10th floor to give it more room. Presently in cramped quarters on the 12th floor, but under new setup nearly the whole 10th will go to this department . Also in the realignment, an at tempt will be ■ made to keep various theatre divisions together and apart froth the distribution end of the cor- poration. . Film portion Similarly will be. concentrated on convenient floors. Shift of the picture company publicity-advertising staff to the new floor will make necessary mov- ing the purchasing and research : divisions,. negative and print depart- ment and possibly ad sales. ^ Philadelphia, Nov. 5. The Pennsylvania Board of Mo- tion Picture Censors on Thursday (31) changed its mind about/banning the RKO-March of Time's documen- tary, 'Ramparts We Watch,' and al- lowed it to be shown in the State after several very minor deletions were made. Only 105 feet of film was snipped, or a total of one min- ute and 15 seconds of running time. The scissoring. was done in- the scenes from the reels taken from the Nazi-made. 'Baptism of Fire,' whose inclusion caused the -original ban by the censors last month. .. The about-face of the board took place at a reviewing at the censors' projection room. William Clarke Mason, attorney for RKO-MOT, an- nounced that his appeal to the State supreme > court had been dropped; ' The scenes deleted were 22 feet depicting Nazi troopers pouring gasoline on a building in Poland; 36 feet in which the commentator tells of what the Nazis plan to do to America, and 47 feet of the com- mentator repeating the Hitler threat to the New World. The film reopened the same day at the Park, Reading, and the Sen- ate, Harrisburg, from where they were yanked originally following the, ban. '• Crowds greeted the film at both houses. At the Senate, Bod Sidman, manager, hung 105 feet of film outside the theatre to show how little was snipped. Advertisements in the Reading dailies batfyhooed the. film as one that 'the German Gov- ernment taied to suppress.* . This echoed the statement of the MOT producers who blamed the censors' barring ol the film on pres- sure brought by the Nazi embassy, which the board vehemently denied. The film was originally okayed by the board and a seal granted. But later when the 'Baptism' reels, were tacked on the pic was barred on the' ground that it 'tended to impair the morals and was inflammatory.' The ban brought a storm of pro- test from prominent Pennsylyanians and newspapers. . which was re- doubled when the board turned its thumbs down on Paramount's 'World in Flames.* This bar was subse- quently lifted upon appeal to the board. .,' Reports were current: here that Mrs. Edna Carroll, board chairman, would be. supplanted after Jan. 1, but she denied it. 'Someone.' trying to needle me.' she said. Mrs. Carroli is also vice- chairman ' bf the Republican City Committee., She was placed in an embarrassing position, by the ban on. 'World in Flames' when the film got the approval of Wendell Willkie, for whom she had been campaigning vigorously. :\\^: : -:'-'' Contracts Hollywood, Nov. 5. Mary Brodell drew player deal at Warners. : . 7. Carol Adams inked acting pact at Republic. .'• Metro signed Arthur Rosenstein as vocal coach. June Johnson signed; to-acting con- tract at Republic. ■• Metro handed Melvyn Douglas hew player ticket.. ; . Charles Quigley- penned an actor contract at RKO. , Warners lifted scripting options on Phillip and Julius Epstein. Virginia Van Upp drew new five- year writing deal at Paramount. Alexander Knox inked an acting pact at Warners. > . ■■.;>■'.. Paramount handed Walter Abel a term deal. By. TEE SKIRT Best Dressed Woman of the Week ETHEL MERMAN 'Panama Hattie' , 46th Street Theatre Mr . Pitt's Blf B.O. . • y Pittsburgh, Nov. 5. Original Pennsylvania State Cen sors ban on 'Ramparts We Watch' proved a pot o' gold for little Ritz here where it was hurriedly booked in within 48 hours after, picture got an okay. On opening day last Thurs day (31), 800-seat house rolled up gross of nearly $1,000, almost double biggest single day spot has had since it became a first-runner last January. 'Ramparts', would have originally gone into 2,000-seat Warner but that house is tied up with Chaplin film and WB wanted to cash in while news of censors' change of mind was still hot. Metro Suspends Rita Hollywood, Nov. 5. Metro yanked Rita Hayworth off the payroll for refusing a part in 'Maise Was Lady.' '' Dissatisfaction with her role has been brewing for some time. The Tropkt Wouldn't Know Themselves The 46th Street theatre is a theatre where you can see and be seen. Built like an arena it is. Just the place for a circus and the opening of 'Panama Hattie' was a circus. Trouble was the audience was a competL tive attraction opening night. In terms of applause the show Was almost coldly received; The women were so swathed in furs they didn't have freedom of their hands and the escorts must have suffered with lack of But 'Panama Hattie' is in. It is a field day for Ether Merman* .She shines as Hattie. Clothes set easily on her slight, trim figure and pretty limbs and feet. She is able to handle grotesque as well as modish gowns. Appearing with a huge sheep dog* Miss Merman wears a short orange cloth skirt with tan bolero jacket dotted in gold. A chartreuse dress is : simply* made and the sort of Kiki dress of white with all sorts of frills and very tight skirt, with veiled hat\meant for comedy, is nevertheless becoming. There .is an amusing bit of business with a mauve dress deco- rated profusely with cerise blows. It is a long white crepe gown that draws ah's from the women in the audience, It hugs the figure closely and oddly enough it had *ut one sleeve. The other side is off the shoulder and banded in silver beads, the bead motif also forming a half circle at- the sleeved side of the bodice. Chamois and grey with a tan belt is an odd combination but lovely. Almost too simple is a turquoise blue organza With full skirt, tiny bodice, and puffed sleeves. Phyllis Brooks from pictures bobs up in this show in a part that is a little :hard to take. Affecting a-raspy:voice it isn't nice. But Miss Brooks does wear nice clothes.: Rabul Pene Du Bois saw to that, His colors and , more colors, and materials, run wild. Very costly must have been this production. The Brooks gal' wears several outstanding numbers. One :of an embroidered brown chiffon over green, is a dream, A periwinkle beaded dress is.worri with a long mantle. There are also many short cloth dresses. Her hats are of the new. off the face variety. A girl • named Carmen D'Antonio has a body that a sculptor (or a broker) dreams about Her first number has this body painted with bronze and her one other number has but. a front and back panel with the tiniest of. brans. Apples are the decorations, also a. large white hat.\ Panama City and the native girls down there should see this show and not recognize themselves.; Colors, run riot; with reds and: purple .the pre- dominating note. - Fashioned in tiers and sarong they are breath taking. Head/dresses are of gold and every color of coque and pheasant. Joan. Carroll, a child, is another Shirley Temple Opening night her scenes with Miss Merman aroused the only real enthusiasm. Betty. Huttbn does her usual m her usual peter pan colored frocks. In the audience .at ..-.the opening were noted Ted and. Adah Lewis, Jack and Winnie Pearl, Earl Carroll, Kitty Watts, Charlie and Mae Ein- feld, Milt Pickman, Billy ROse and his Eleanor, Jack and Flo Haley, Sari LeMaire,"Edie Simons, Mrs. De Sylva, Max Gordon, Irving Berlin, Ambas- sador and Mrs. Kennedy, Mary Margaret McBrlde, Dave Marx and Char- iene, Sylvia Sullivan with Ed, Cecelia and Milton Ager, Dorothy Kilgallen, Ben Bernie with the missus, Moss Hart, Bill and Jerry Morris, Nate Spingold, Jack Cohn, Louella Parsons, who sneaked in' between shows at the State with Doc Martin, Lee Shubert, Major Bowes,'Mark and Gladys Hellinger, Sophie Tucker, Harry Hershfleld and Louis Shurr. .:::. •/;..;■•■. Lewb-Tacker-Richinan The show recently at Ben Marden's Riviera is at the State for two weeks. Joe Lewis, Sophie Tucker, Harry Richman and the Chandra-Kaly dancers perform with the theatre orchestra on the stage instead of in the pit. Ed Shapiro, Sophie's right hand man, has the baton. Joe Lewis, the best m.c; in any language, starts things rolling, and, of all things. Soph opens the show proper. She wears white. Plain skirt with gold ,embroidered top. Costly orchids • decorate :0ne shoulder, a diamond necklace glitters around the throat. The Chandra-Kaly dancers, very Latin,, wear the usual ruffled costumes. Joe Lewis' bit about commercials oh radio is luscious. Harry Richman .is Harry Richman, the best dressed man of any week. pressing 'Return Engagement* Jenkins made most of the sport clothes in 'Return Engagement' at the Golden and they are stunning, although there was too much repeat in the modelling. Bonwit Teller also gets program credit. Mady Christians makes her first appearance in a tailored two piece suit consisting of two shades of blue. A large felt hat turned up in front matched. White shark skin slacks and a white skirt has a print jacket. In the last act a flowing gown ia of. orange and lemon chiffon. With a full length cape matching. : The best dressed woman in 'Return Engagement' is Leona Powers. Jenkins made all her dresses but one. For the most part they are sport clothes with one white chiffon evening gown, made with: no trimming whatsoever. Long, full skirt, full sleeves and square cut neckline; An odd dress, but beautiful, worn presumably for yachting was of orchid lace over same color satin foundation. Audrey Christie wandered, but pleasantly, through proceedings in slacks and sport clothes with one yellow accordion pleated evening gown; Evelyn Varden who more or less ran away with the show as the manager of a summer stock company wears simple summer frocks, and a comedy evening gown. Augusta Dabney, Ruth Lbtt, Caryl Smith and Helen Reid made up the rest of the female contingent all dressed in the Jenkins manner. Bert Lytell noted as one of the best dressed men of the American 6tage wore suits to rave about. They were stunning and although Bert's tailor doesn't get credit, he could. X\ Norma Shearer's New Hair-Do •Escape' has finally arrived. It's at the Music Hall and the talk of the town is or should be the comeback of Nazimova. She has little to do but how she does it. Nazimova proves the excellent performer she always was. Norma Shearer screens beautifully as ever, and she has a quiet dignity worthy of any great actress. Clothes don't much matter in this picture, but the few Miss Shearer wears are truly loveiy and her new hair-do is most becoming. For the most part the hair is parted in the center with a cluster of curls at the neck, and for a. little while the long hair is worn in a coronet style. A house coat with a long cord at the waist line is the first worn. A checko peasant dress was of the full, skirt .and blouse with the embroidery of that country. A long black* gown is severe in its simplicity with only a. brpoch as ornament. In a concert scene a white cape ankle length is trimmed with gold braid. . ' The stage show at this theatre has once more turned to the magazine rack for inspiration. Thus, for Madembiselle mag. the ballet corp is in lovely, white meline costumes, heavily trimmed with silver sequins. Movie- Radio Guide backgrounds three men and two girls, the Revuers a new act around town. Coronet bit is truly lovely. Three pictures hang at the back drop. One, Blue boy, Laughing Cavalier and. Whistler's • Mother. The pic- tures came to life and,were given a few comedy lines. Katherine Warren comes out of the frame to do a tap after discarding the skirt of Mother. Underneath is. a black tunic ending in red sequin ruffles and her' legs look nice in sheer black tights.. ' :. ■ Feeding Familiar Faces . Sardi's, at lunch time! Zorina, with George Balanchine several tables aWay, Edgar Allan. Woolf, Mrs. Sherman Billingsley, Beatrice Kaufman, Stella Adler, Margaret Wycherly, Margalo Gillmore,, Otto Preminger, Richard Aldrich, Vinton Freedley and Ben Hecht. ,