Burnet v. Coronado Oil & Gas Co.

Mr. Justice Brandéis,

dissenting.

Under the rule of Gillespie v. Oklahoma vast private incomes' are being given immunity from state and federal taxation. I agree with Mr. Justice Stone that that case was wrongly decided and should now be frankly overruled'. Merely to construe strictly its doctrine will not adequately protect the public revenues. Compare Jaybird Mining Co. v. Weir, 271 U. S. 609.

Stare, decisis is not, like the rule of res judicata, a universal, inexorable command. "The rule of stare decisis, though one tending to consistency and uniformity *406of decision, is not inflexible. Whether…