|
|
Helvering v. Wood, 309 U.S. 344 (1940)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Helvering v. Wood, 309 U.S. 344 (1940)
Helvering v. Wood No. 384 Argued February 5, 1940 Decided February 26, 1940 309 U.S. 344
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Section 166 of the Revenue Act of 1934, providing that the income from a trust shall be taxable to the grantor where "at any time the power to revert in the grantor title to any part of the corpus of the trust is vested" in him is inapplicable in the absence of such power, though the term of the trust be short and the corpus will soon revert to the grantor. A mere reversion is not a power to revest within the meaning of § 166. P. 347.
2. Having invoked before the Board of Tax Appeals and the court below the comparatively narrow provisions of § 166 of the Revenue Act of 1934 to sustain the tax in question, and having expressly waived reliance on any other section, the Commissioner of Internal Revenue my not resort here for the first time to the broader provisions of § 22(a). P. 348.
104 F.2d 1013 affirmed.
Certiorari, 308 U.S. 543, to review the affirmance of a decision of the Board of Tax Appeals (37 B.T.A. 1065) which reversed a determination of a deficiency in income tax.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Helvering v. Wood, 309 U.S. 344 (1940) in 309 U.S. 344 Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=1KV8V4RZQYFVCEB.
MLA:
U.S. Supreme Court. "Syllabus." Helvering v. Wood, 309 U.S. 344 (1940), in 309 U.S. 344, Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=1KV8V4RZQYFVCEB.
Harvard:
U.S. Supreme Court, 'Syllabus' in Helvering v. Wood, 309 U.S. 344 (1940). cited in 1940, 309 U.S. 344. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=1KV8V4RZQYFVCEB.
|