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Helvering Vs. Horst

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  • US Supreme Court
  • Nov 25, 1940

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56 entries 7 linked 49 unlinked
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  1. Corliss Vs. Bowers US Supreme Court · Apr 28, 1930
  2. United States Vs. Kirby US Supreme Court · Jan 01, 1868
  3. Helvering Vs. Clifford US Supreme Court · Feb 26, 1940
  4. Burnet Vs. Leininger US Supreme Court · Mar 14, 1932
    Distinguished
  5. Burnet Vs. Guggenheim US Supreme Court · Feb 06, 1933
  6. Lucas Vs. Earl US Supreme Court · Mar 17, 1930
    Distinguished
  7. Burnet Vs. Wells US Supreme Court · May 29, 1933
  8. U.S. 112 (1940) U.S. Supreme Court Helvering v. Horst
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  9. U.S. 112 (1940) Helvering v. Horst
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  10. only by the use of the money when received. P. 311 U. S. 119 . 4. This case distinguished from Blair v. Commissioner
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  11. U. S. 5 , and compared with Lucas v. Earl
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  12. U. S. 111 , and Burnet v. Leininger
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  13. of the revenue laws and because of an asserted conflict in principle of the decision below with that of Lucas v. Earl
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  14. U. S. 111 , and with that of decisions by other circuit courts of appeals. See Bishop v. Commissioner
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  15. Dickey v. Burnet
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  16. Van Meter v. Commissioner
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  17. over them and their payment, and for that reason the case was distinguishable Page 311 U. S. 115 from Lucas v. Earl
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  18. supra, and Burnet v. Leininger
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  19. is taken by which he obtains the fruition of the economic gain which has already accrued to him. Old Colony Trust Co. v. Commissioner
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  20. U. S. 376 , 281 U. S. 378 . Cf. Burnet v. Wells
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  21. consummated by some event other than the taxpayer's personal receipt of money or property. Cf. Aluminum Castings Co. v. Routzahn
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  22. procures payment directly to his creditors of the items of interest or earnings due him, see Old Colony Trust Co. v. Commissioner
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  23. Bowers v. Kerbaugh-Empire
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  24. Dickey v. Burnet
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  25. F.2d 917, 921, he does not escape taxation because he did not actually receive the money. Cf. Douglas v. Willcuts
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  26. those satisfactions or whether he disposes of his right to collect it as the means of procuring them. Cf. Burnet v. Wells
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  27. it would have been if he had collected the interest in dollars and expended them for any of the purposes named. Burnet v. Wells
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  28. have had no difficulty in applying that proposition where the assignment preceded the rendition of the services, Lucas v. Earl
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  29. to the donee, which is the enjoyment by the donor of income derived from them. This was emphasized in Blair v. Commissioner
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  30. would be the rent from a lease or a crop raised on a farm after the leasehold or the farm had been given away. Blair v. Commissioner
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  31. supra, 300 U. S. 12 -13, and cases cited. See also Reinecke v. Smith
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  32. the donor retains control of the trust property, the income is taxable to him although paid to the donee. Corliss v. Bowers
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  33. supra. Cf. Helvering v. Clifford
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  34. to those who earn or otherwise create the right to receive it and enjoy the benefit of it when paid. See Corliss v. Bowers
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  35. the money when received. It is the statute which taxes the income to the donor although paid to his donee. Lucas v. Earl
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  36. The distinction was explicitly rejected as the basis of decision in Lucas v. Earl
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  37. of the statute is that the fruit is not to be attributed to a different tree from that on which it grew. See Lucas v. Earl
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  38. ownership of the bonds. No question of actual fraud or purpose to defraud the revenue is presented. Neither Lucas v. Earl
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  39. U. S. 111 , nor Burnet v. Leininger
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  40. U. S. 136 , supports petitioner's view. Blair v. Commissioner
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  41. U. S. 11 -12, shows that neither involved an unrestricted completed transfer of property. Helvering v. Clifford
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  42. The general principles approved in Blair v. Commissioner
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  43. U.S. Supreme Court Helvering v. Horst
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  44. Blair v. Commissioner
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  45. and Burnet v. Leininger
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  46. of Lucas v. Earl
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  47. See Bishop v. Commissioner
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  48. Cf. Burnet v. Wells
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  49. Cf. Aluminum Castings Co. v. Routzahn
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  50. Cf. Douglas v. Willcuts
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