Opinion

Union Assurance Society, Ltd. v. United States

  • 48 F. Supp. 665
  • 99 Ct. Cl. 218
  • 30 A.F.T.R. (P-H) 899
  • 1943 U.S. Ct. Cl. LEXIS 125
Court
United States Court of Claims
Filed
Feb 1, 1943
Status
Published
Author
Whitaker
On the bench
Jones, Littleton, Madden, Whaley, Whitaker
Cited by
0 cases
Authority
More cited than 12.6%

The opinion

Whitaker, Judge,

dissenting:

I am unable to concur in the majority opinion. The Commissioner of Internal Revenue has authority to make rules and regulations within the general scope of the Act which are addressed to and reasonably adapted to its enforcement, but he may not extend a statute or modify its meaning. Campbell v. Galeno Chemical Co., 281 U. S. 599, 610 ; International Railway Co. v. Davidson, 257 U. S. 506, 514 ; United States v. 200 Barrels of Whiskey, 95 U. S. 571 ; Maryland Casualty Co. v. United States, 251 U. S. 342 ; St. Louis Refrigerating & Cold Storage Co. v. United States, 95 C. Cls. 707 . The regulation adopted by the Commissioner, which is quoted in a footnote to the majority opinion, was *233 a valid exercise of the power conferred on him to make regulations, but this regulation was not followed. In assessing these taxes the Commissioner placed a limitation on the deduction not placed by Congress nor provided for in the regulations. Even by regulation the Commissioner could not have denied to the plaintiff a deduction allowed by Congress. Certainly he cannot do so when his own regulations do not prescribe the limitation imposed. Congress has said the plaintiff is entitled to a certain deduction for these taxes; the Commissioner has no power to say the deduction shall be something else.

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.

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