Opinion

Baker v. Commissioner

  • 4 T.C. 307
  • 1944 U.S. Tax Ct. LEXIS 24
Court
United States Tax Court
Filed
Nov 14, 1944
Status
Published
Author
Leech
On the bench
Opper
Cited by
1 cases
Authority
More cited than 10.3%

The opinion

Leech, dissenting: The Revenue Act of 1932, for the first time, not only required the inclusion of the compensation of Federal judges in gross income for Federal income tax purposes, but also amended the statutory provision fixing that compensation by reducing it by the amount of those taxes. The Supreme Court in O'Malley v. Woodrough, 307 U. S. 277 , decided that such legislation was constitutional as applied to the compensation of Federal judges appointed after the effective date of that act, but indicated, I think, that the compensation of such judges appointed before that date could not be constitutionally so taxed. This conclusion is based primarily on my understanding that the Court did not there overrule Miles v. Graham, 268 U. S. 501 . Accordingly, upon the authority of the Woodrough case, I would expunge the deficiencies.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.