# Morse v. Commissioner

> United States Tax Court · January 28, 1952 · 17 T.C. 1244

URL: https://www.frixlaw.com/law-library/cases/4475693

## Case

- **Full name:** Elliott C. Morse v. Commissioner of Internal Revenue
- **Court:** United States Tax Court
- **Decided:** January 28, 1952
- **Citations:** 17 T.C. 1244; 1952 U.S. Tax Ct. LEXIS 284
- **Precedential status:** Published
- **Opinion:** Dissent by Turner
- **Judges:** Tietjens,Raum,Arundell,Rice
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4475693

## Opinion text

Turner, /., dissenting: The conclusion of the majority herein is indicated, I think, by our decision in Renton K. Brodie, 1 T. C. 275 , but looking back, I am now persuaded that the result in that case was due to its unfortunate proximity to Richard B. Deupree, 1 T. C. 113 . Admittedly the annuity contract here was a contract of value and when in January of 1943 petitioner was made beneficiary his prospects of enrichment were practically assured but I am still at a loss to know by what alchemy such prospective enrichment was transmuted into a present realization of income, it being specifically provided that neither the contract nor any benefits accruing thereunder could be transferred, commuted, anticipated, or in any way subjected to petitioner’s debts. The petitioner was full of hopes and prospects. He was, no doubt, sated with great expectations. But he had received nothing which, presently, he could sell, trade, wear, use, eat, or drink.
Water, water, every where, Nor any drop to drink.
Van Fossan, J., agrees with this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4475693. Public record. Not legal advice.