Commissioner of Internal Revenue v. Ayres J. Stockly and Esther W. Stockly

I disagree with the majority’s holding that Sections 12(d) and 51(b) of the Code, as amended by the Revenue Act of 1948, can be applied retroactively for the years 1936-1945 in computing the tax limitation on long-term compensation received in 1948.

Congress specifically made these so-called “income-splitting” provisions of the Revenue Act of 1948 applicable to taxable years beginning after December 31, 1947.1

The courts cannot by “judicial legislation” change the specifically stated effective date of a tax law.

I don’t see, as did the majority, any doubtful question with respect to the…