Opinion

Helvering v. Hallock

  • 309 U.S. 106
  • 125 A.L.R. 1368
  • 1 C.B. 223
  • 23 A.F.T.R. (P-H) 1054
  • 60 S. Ct. 444
Court
Supreme Court of the United States
Filed
Jan 29, 1940
Status
Published
On the bench
Frankfurter, Roberts, McReynolds
Cited by
674 cases
Authority
More cited than 23.9%

recognizing “the governing principle of § 302(c) [of the Revenue Act of 1926] that Congress meant to include in the gross estate inter vivos gifts which may be re sorted to, as a substitute for a will, in making dispositions of property operative at death”

How later courts described this case

  • recognizing “the governing principle of § 302(c) [of the Revenue Act of 1926] that Congress meant to include in the gross estate inter vivos gifts which may be re sorted to, as a substitute for a will, in making dispositions of property operative at death”
  • cautioning against blindly applying stare decisis when adhering to precedent would “involve! ] collision with a prior doctrine more embracing in its scope, intrinsically sounder, and verified by experience”
  • “[W]e walk on quicksand when we try to find in the absence of corrective legislation a controlling legal principle”
  • “It is a basic tenet of statutory construction that [courts] rely on the intent of the legislature as that intent has been expressed.” (internal quotation omitted)

Written by the judges who cited it.

Distinguished

  • Distinguished by Helvering v. Griffiths, 318 U.S. 371 (1943)

    The Hallock case is clearly inapposite.
    Supreme Court of the United StatesMar 1, 1943Read it
  • Distinguished by Gutman v. Commissioner, 41 B.T.A. 816 (1940)

    We must also reject petitioner’s view that the recent decision in Helvering v. Hallock, supra, determines the present question.
    United States Board of Tax AppealsApr 11, 1940Read it

The opinion

The Chief Justice

concurs in the result upon the ground that each of these cases is controlled by our decision in Klein v. United States, 283 U. S. 231 .

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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