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James Vs. United States

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  • US Supreme Court
  • May 15, 1961

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63 entries 6 linked 57 unlinked
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  1. Commissioner Vs. Wilcox US Supreme Court · Feb 25, 1946
  2. Lucas Vs. Earl US Supreme Court · Mar 17, 1930
  3. North American Oil Consolidated Vs. Burnet US Supreme Court · May 23, 1932
  4. Corliss Vs. Bowers US Supreme Court · Apr 28, 1930
  5. Healy Vs. Commissioner US Supreme Court · Apr 06, 1953
  6. Helvering Vs. Hallock US Supreme Court · Jan 29, 1940
  7. James v. United
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  8. States - 366 U.S. 213 (1961) U.S. Supreme Court James v. United
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  9. States, 366 U.S. 213 (1961) James v. United
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  10. U. S. 404 , overruled. Pp. 366 U. S. 213 -222. 2. After this Court's decision in Commissioner v. Wilcox
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  11. The Court of Appeals affirmed. 273 F.2d 5. Because of a conflict with this Court's decision in Commissioner v. Wilcox
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  12. a) of the Internal Revenue Code of 1939. Six years later, this Court held, in Rutkin v. United
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  13. We do not reach in this case the factual situation involved in Commissioner v. Wilcox
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  14. Rutkin v. United
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  15. Corliss v. Page
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  16. U. S. 378 . Thus, the fact that Rutkin secured the money with the consent of his victim, Rutkin v. United
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  17. remove the incongruity of having the gains of the honest laborer taxed and the gains of the dishonest immune. Rutkin v. United
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  18. Ibid. See also Johnson v. United
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  19. United States v. Johnson
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  20. Helvering Page 366 U. S. 219 v. Clifford
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  21. statutes in recognition of the intention of Congress to tax all gains except those specifically exempted. Commissioner v. Jacobson
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  22. Helvering v. Stockholms
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  23. Commissioner v. Glenshaw
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  24. in the year received. United States v. Lewis
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  25. this Court have failed, does not necessarily debar us from reexamining and correcting the Court's own errors. Girouard v. United
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  26. U. S. 119 -122. There may have been any number of reasons why Congress acted as it did. Helvering v. Hallock
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  27. from it, certainly if we do so in a manner that will not prejudice those who might have relied on it. Cf. Helvering v. Hallock
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  28. attempts to evade his obligation. In Spies v. United
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  29. Holland v. United
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  30. of annual accounting, to determine when, not whether, receipts constituted income. See North American Oil Consolidated v. Burnet
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  31. United States v. Lewis
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  32. In Marienfeld v. United
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  33. Id. at 636. The Second Circuit announced, in United States v. Bruswitz
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  34. Id. at 61. The Seventh Circuit's prior decision in Macias v. Commissioner
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  35. For example, Kann v. Commissioner
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  36. the taxpayer would have likely received most of the misappropriated money as dividends. In Marienfeld v. United
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  37. States, supra, the court believed that the victim was not likely to repudiate. In United States v. Wyss
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  38. fact that the taxpayer embezzled the funds, and the money had not as yet been reclaimed by the victim. See also Briggs v. United
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  39. Prokop v. Commissioner
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  40. F.2d 544, 554-555. Cf. J. J. Dix, Inc. v. Commissioner
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  41. Petitioner urges upon us the case of Alison v. United
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  42. an embezzler for his own use did not constitute a taxable gain to him under the federal income tax laws. Commissioner v. Wilcox
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  43. even as early as 1812, when the question first reached this Court in United States v. Hudson
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  44. The Fifth Circuit, in McKnight v. Commissioner
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  45. The Eighth Circuit, however, had decided in Kurrle v. Helvering
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  46. U.S. Supreme Court James v. United
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  47. Johnson v. United
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  48. Commissioner v. Jacobson
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  49. Girouard v. United
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  50. Cf. Helvering v. Hallock
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