United States v. De Bonchamps

I am in complete agreement with that portion of the majority opinion which *134concludes by stating, “We conclude that the capital gains in question may not be taxed to these taxpayers as owners.” However, I must part company with the majority opinion wherein it concludes “that the capital gain here involved is taxable as income of property held in trust under 26 U.S.C. § 641(a).”

While the imposition of a tax under the circumstances reflected in the record may be a consummation devoutly to be desired, such consummation should be effected by Congress and not by the judiciary. In my view Congress…