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Industrial Trust Co. v. United States, 296 U.S. 220 (1935)
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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.
Industrial Trust Co. v. United States, 296 U.S. 220 (1935)
Industrial Trust Co. v. United States No. 213 Argued November 22, 1935 Decided December 9, 1935 296 U.S. 220
CERTIORARI TO THE COURT OF CLAIMS
Syllabus
1. Acts of Congress must be construed, if possible, so as to avoid grave doubts of their constitutionality. P. 221.
2. A life insurance policy taken out in 1892 by the insured and paid up in 1912 was payable to others if they survived him, but otherwise to his estate. No power was reserved in him to change beneficiaries, borrow on the policy or surrender it. The others survived him when he died in 1930. Held: that § 302(g), Revenue Act 1926, which is the same as § 402(f), Revenue Act 1918, may not be construed as making the amount receivable by the beneficiaries a part of the gross estate, notwithstanding subdivision (h) of § 302 of the 1926 Act, which declares that subdivision (g) of that section, along with others, shall apply to
transfers, trusts, estates, interests, rights, powers, and relinquishment of powers, as severally enumerated and described therein, whether made, created, arising, existing, exercised, or relinquished before or after the enactment of this Act.
Bingham v. United States, ante, p. 211. Pp. 221-222.
80 Ct.Cls. 647, 9 F.Supp. 817, reversed.
Certiorari to review a judgment dismissing a petition in a suit to recover an amount exacted as part of an estate tax.
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Chicago: U.S. Supreme Court, "Syllabus," Industrial Trust Co. v. United States, 296 U.S. 220 (1935) in 296 U.S. 220 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=YRYN2Q391TUQRXE.
MLA: U.S. Supreme Court. "Syllabus." Industrial Trust Co. v. United States, 296 U.S. 220 (1935), in 296 U.S. 220, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YRYN2Q391TUQRXE.
Harvard: U.S. Supreme Court, 'Syllabus' in Industrial Trust Co. v. United States, 296 U.S. 220 (1935). cited in 1935, 296 U.S. 220. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=YRYN2Q391TUQRXE.
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