|
|
United States v. Zacks, 375 U.S. 59 (1963)
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.
United States v. Zacks, 375 U.S. 59 (1963)
United States v. Zacks No. 44 Argued October 21, 1963 Decided November 12, 1963 375 U.S. 59
CERTIORARI TO THE UNITED STATES COURT OF CLAIMS
Syllabus
In 1952, a taxpayer received royalties on patents all substantial rights under which she had transferred to a manufacturer by way of an exclusive license. She and her husband reported such royalties as ordinary income in their joint return for 1952. This return was filed in 1953; the last payment of taxes thereunder was made in 1953; and a claim for refund was barred in 1956 by §322(b)(1) of the Internal Revenue Code of 1939. By the Act of June 29, 1956, Congress amended the Internal Revenue Code of 1939 so as to add §117(q), providing that amounts received in such circumstances should be taxed as capital gains, rather than as ordinary income, and it made the amendment applicable to tax years beginning after May 31, 1950. In reliance on this amendment, the taxpayers filed in 1958 a claim for a pro tanto refund of their 1952 income taxes.
Held: Their claim was barred by the statute of limitations generally applicable to tax refund claims. Pp. 59-70.
150 Ct.Cl. 814, 280 F.2d 829, reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Zacks, 375 U.S. 59 (1963) in 375 U.S. 59 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2ZD3KSJHAD1A724.
MLA: U.S. Supreme Court. "Syllabus." United States v. Zacks, 375 U.S. 59 (1963), in 375 U.S. 59, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2ZD3KSJHAD1A724.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Zacks, 375 U.S. 59 (1963). cited in 1963, 375 U.S. 59. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2ZD3KSJHAD1A724.
|