- 9 - certain things he will be made to suffer in this or that way by judgment of the court”. Id. at 458. Although these formulations may be somewhat simplistic, they have “a valid core”, Reich v. Continental Cas. Co., 33 F.3d 754, 757 (7th Cir. 1994). Our opinion in Talmage v. Commissioner, supra, cites numerous other cases, in addition to those cited in VonDyl v. Commissioner, supra, in which this Court and the Courts of Appeals have invariably rejected arguments that wages are not income for the purposes of the income tax law. The information given to petitioners before and at the hearing should have made clear to petitioners that their case is a sure loser. The fact that “income” is not a defined term in the Internal Revenue Code is of no moment. The lack of a definition does not make the 16th Amendment or the Internal Revenue Code inoperative. As Judge Learned Hand stated in United States v. Oregon- Washington R.R. & Nav. Co., 251 F. 211, 212 (2d Cir. 1918), the meaning of the word “income” is “not to be found in its bare etymological derivation. Its meaning is rather to be gathered from the implicit assumptions of its use in common speech”. The term "income" as used in the 16th Amendment and in the Internal Revenue Code "carries the meaning which an intelligent layman, not an economist or a lawyer, would ascribe to it”. Magill, Taxable Income 19 (1945 rev.). Although there was a time in the early days of the Federal tax laws when the Supreme CourtPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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