FIDELITY TRUST CO. v. McCAUGHN

No. 10588.

1 F.2d 987 (1924)

FIDELITY TRUST CO. et al. v. McCAUGHN, Collector of Internal Revenue.

District Court, E. D. Pennsylvania.

October 17, 1924.


Attorney(s) appearing for the Case

H. Gordon McCouch, of Philadelphia, Pa., for plaintiffs.

George W. Coles, U. S. Atty., and Francis B. Biddle, Asst. U. S. Atty., both of Philadelphia, Pa., for defendant.


DICKINSON, District Judge.

This rule has been taken to raise the question of the lawfulness of a tax exaction, and to that question we go directly. Distinctions are sometimes mere figments of the brain, but they often serve a useful purpose. One is that between a tax levied upon property and a tax measured by that same property. The thought of Congress was to measure the tax in question by the value of the estate of a decedent which passed at his death to others....

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