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United States v. Pyne, 313 U.S. 127 (1941)
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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.
United States v. Pyne, 313 U.S. 127 (1941)
United States v. Pyne No. 683 Argued April 2, 1941 Decided April 28, 1941 313 U.S. 127
CERTIORARI TO THE COURT OF CLAIMS
Syllabus
1. Executors, in caring for securities and investments in order to conserve and protect the estate pending final distribution, are not carrying on business within the meaning of §§ 23(a), 161, and 162 of the Revenue Act of 1934, whatever the size of the estate or the number of those whose services are required in its conservation, and fees paid to an attorney for advice on legal and economic question arising in the course of administration of the estate are not deductible in computing their income tax under that Act. Pp. 129, 132.
Therefore, a finding of the Court of Claims that the executors continued to conserve the decedent’s estate as he had when he was himself "a financier and investor" falls short of a finding that they were entitled to a deduction accorded by Congress only to those "carrying on . . . business."
2. This Court will not weigh the facts set out in subsidiary finding of the Court of Claims to supply an ultimate and determinative finding which that court failed to make, but which is necessary to support the judgment. P. 130.
92 Ct.Cls. 44; 3 F.Supp. 81, reversed.
Certiorari, 312 U.S. 672, to review a judgment allowing a claim for a refund of money exacted, and paid under protest, as an income tax.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Pyne, 313 U.S. 127 (1941) in 313 U.S. 127 313 U.S. 128. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RAI61PTTVW7TB11.
MLA: U.S. Supreme Court. "Syllabus." United States v. Pyne, 313 U.S. 127 (1941), in 313 U.S. 127, page 313 U.S. 128. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RAI61PTTVW7TB11.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Pyne, 313 U.S. 127 (1941). cited in 1941, 313 U.S. 127, pp.313 U.S. 128. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RAI61PTTVW7TB11.
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