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Helvering v. Hutchings, 312 U.S. 393 (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.
Helvering v. Hutchings, 312 U.S. 393 (1941)
Helvering v. Hutchings No 419 Argued January 8, 1941 Decided March 3, 1941 312 U.S. 393
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. In the computation of the tax laid upon "net gifts" made during the calendar year, § 504(b) of the Revenue Act of 1932 provides that,
In the case of gifts (other than of future interests in property) made to any person by the donor during the calendar year, the first $5,000 of such gifts . . . shall not . . . be included in the total amount of gifts made during such year.
Held, that where the donor conveyed property in trust for the benefit of numerous beneficiaries, he was entitled to separate exemptions or exclusions of $5,000 for each beneficiary. P. 395.
The question whether the gifts to the beneficiaries were "future interests" within the meaning of the section is not decided, not having been presented by the petition for certiorari, but is left open for consideration by the Board of Tax Appeals.
2. In common understanding and usage, a gift is made to him upon whom the donor bestows the benefit of his donation. P. 396.
111 F.2d 229 affirmed.
Certiorari, 311 U.S. 638, to review a decree reversing a decision of the Board of Tax Appeals, 40 B.T.A. 27, which sustained an additional assessment of gift taxes.
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Chicago: U.S. Supreme Court, "Syllabus," Helvering v. Hutchings, 312 U.S. 393 (1941) in 312 U.S. 393 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=WDM4ZXYU7AFP4P4.
MLA: U.S. Supreme Court. "Syllabus." Helvering v. Hutchings, 312 U.S. 393 (1941), in 312 U.S. 393, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WDM4ZXYU7AFP4P4.
Harvard: U.S. Supreme Court, 'Syllabus' in Helvering v. Hutchings, 312 U.S. 393 (1941). cited in 1941, 312 U.S. 393. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=WDM4ZXYU7AFP4P4.
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