Legal Opinion

Helvering v. Hutchings

Supreme Court of the United States

Decided March 3, 1941No. 419PublishedCited by 146 opinions

1Opinion of the CourtJustice Stone

The petition for certiorari presents the single question whether under § 504 (b) of the Revenue Act of 1932, 47 Stat. 169, 247, the donor of property in trust for the benefit of numerous beneficiaries is entitled to a single gift tax exemption or exclusion to the extent of the first $5,000 or to separate exemptions of $5,000 for each beneficiary.

Sections 501 (a), 502 (1) impose for each calendar year a tax on the net amount of the transfers “by any individual ... of property by gift.” By § 501 (b) the tax applies “whether the transfer is in trust or otherwise” and “whether the gift is direct…

2Cases cited8 opinions

  1. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  2. Rasquin v. HumphreysSupreme Court of the United States · 1939
  3. Rheinstrom v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1939
  4. Welch v. DavidsonCourt of Appeals for the First Circuit · 1939
  5. McBrier v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1939

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3Cited by146 opinions

  1. Fondren v. CommissionerSupreme Court of the United States · 1945
  2. Mary Ann Heyen, of the Estate of Jennie Owen, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1991
  3. Musselman Hub-Brake Co. v. Com'r of Internal RevenueCourt of Appeals for the Sixth Circuit · 1943
  4. Stockstrom v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1951
  5. Early v. ReidSupreme Court of the United States · 1941

141 more not listed; retrieve them via the Exa API.

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