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FREEMAN v. HEWIT

No. 3.

329 U.S. 249 (1946)

FREEMAN, TRUSTEE, v. HEWIT, DIRECTOR OF GROSS INCOME TAX DIVISION.

Supreme Court of United States.

Reargued October 14, 1946.

Decided December 16, 1946.

Attorney(s) appearing for the Case

Gath P. Freeman argued the cause for appellant and filed a brief on the original argument, and also filed a brief on the reargument.

Harry T. Ice reargued the cause and filed a brief for appellant.

Winslow Van Horne, Deputy Attorney General of Indiana, argued the cause on the original argument for appellee. With him on the brief were James A. Emmert, Attorney General, John J. McShane, Deputy Attorney General, Robert Hollowell, Jr., Cleon H. Foust, John H. Fetterhoff and Fred C. McClurg.

John J. McShane, Deputy Attorney General, reargued the cause for appellee. With him on the brief were James A. Emmert, Attorney General, John H. Fetterhoff and Fred C. McClurg, Deputy Attorneys General.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

This case presents another phase of the Indiana Gross Income Tax Act of 1933, which has been before this Court in a series of cases beginning with Adams Mfg. Co. v. Storen, 304 U.S. 307. The Act imposes a tax upon "the receipt of the entire gross income" of residents and domiciliaries of Indiana but excepts from its scope "such gross income as is derived from...

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