Legal Opinion · Dissent

United States v. Gordon P. Haynes and Essie M. Haynes

Court of Appeals for the Fifth Circuit

Decided April 20, 1956No. 15655Published

1DissentBrown, Circuit Judge

Admonished as we are, and almost invariably at the behest of the Tax Collect- or that “Questions of taxation must be determined by viewing what was actually done * * * and when applying the provisions of the Sixteenth Amendment and income laws enacted thereunder we must regard matters of substance and not mere form * * * ”, Weiss v. Stearn, 265 U.S. 242. 44 S.Ct. 490, 492, 68 L.Ed. 1001; "* * * The .incidence of taxation depends upon the substance, of a transaction * * Commissioner of Internal Revenue v. Court Holding Co., 324 U.S. 331, 65 S.Ct. 707, 708, 89 L.Ed. 981, the result here is…

2Cases cited6 opinions

  1. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  2. Weiss v. StearnSupreme Court of the United States · 1924
  3. Epmeier v. United StatesCourt of Appeals for the Seventh Circuit · 1952
  4. Herbkersman v. United StatesDistrict Court, S.D. Ohio · 1955
  5. Charlotte Union Bus Station, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1954

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