Commissioner v. Danielson

The majority of this court adopts an arbitrary rule of exclusion to be applied in tax cases. Both the Commissioner and the majority admit that it is a new rule. To achieve its result, the majority has had to overrule not only a long line of decisions of this court, but, in my view, has disregarded a long line of decisions of the United States Supreme Court holding to the contrary. It admits, as it must, that there is no judicial precedent for its decision.

Since Eisner v. Macomber, 252 U.S. 189, 40 S.Ct. 189, 64 L.Ed. 521, the United States Supreme Court has consistently held “In order,…