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Helvering v. Bruun, 309 U.S. 461 (1940)
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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. Bruun, 309 U.S. 461 (1940)
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Helvering v. Bruun No. 479 Argued February 28, 1940 Decided March 25, 1940 309 U.S. 461
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. Where, upon termination of a lease, the lessor repossessed the real estate and improvements, including a new building erected by the lessee, an increase in value attributable to the new building was taxable under the Revenue Act of 1932 as income of the lessor in the year of repossession. P. 467.
2. Hewitt Realty Co. v. Commissioner, 76 F.2d 880, and decision of this Court dealing with the taxability vel non of stock dividends, distinguished. P. 468.
3. Even though the gain in question be regarded as inseparable from the capital, it is within the definition of gross income in § 22(a) of the Revenue Act of 1932, and, under the Sixteenth Amendment, may be taxed without apportionment amongst the States. P. 468.
105 F.2d 442 reversed.
Certiorari, 308 U.S. 544, to review the affirmance of a decision of the Board of Tax Appeals overruling the Commissioner’s determination of a deficiency in income tax.
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Chicago: U.S. Supreme Court, "Syllabus," Helvering v. Bruun, 309 U.S. 461 (1940) in 309 U.S. 461 309 U.S. 462–309 U.S. 464. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=6L6MDGNZZSZP8MV.
MLA: U.S. Supreme Court. "Syllabus." Helvering v. Bruun, 309 U.S. 461 (1940), in 309 U.S. 461, pp. 309 U.S. 462–309 U.S. 464. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6L6MDGNZZSZP8MV.
Harvard: U.S. Supreme Court, 'Syllabus' in Helvering v. Bruun, 309 U.S. 461 (1940). cited in 1940, 309 U.S. 461, pp.309 U.S. 462–309 U.S. 464. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=6L6MDGNZZSZP8MV.
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