Legal Opinion · Dissent

Cahn v. United States

United States Court of Claims

Decided April 8, 1935No. 41955Published

1DissentLittleton, Judge

I do not think the interest of the surviving joint tenant was taxable under the rule announced in Shwab v. Doyle, 258 U. S. 529, 42 S. Ct. 391, 66 L. Ed. 747, 26 A. L. R. 1454, and Knox et al. v. McElligott, 258 U. S. 546, 42 S. Ct. 396, 66 L. Ed. 760. The joint tenancy in the case at bar was created prior to the enactment of the Revenue Act of November 8, 1916, which was not retroactive; one of the joint tenants died while the Revenue Act of 1918 was in force. This act was not retroactive. In Tyler et al. v. United States, 281 U. S. 497, 50 S. Ct. 356, 74 L. Ed. 991, 69 A. L. R. 758, and in…

2Cases cited8 opinions

  1. Tyler v. United StatesSupreme Court of the United States · 1930
  2. Shwab v. DoyleSupreme Court of the United States · 1922
  3. United States v. Provident Trust Co.Supreme Court of the United States · 1934
  4. Helvering v. GrinnellSupreme Court of the United States · 1935
  5. Knox v. McElligottSupreme Court of the United States · 1922

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