- 11 - receipts in question in those cases were included in taxable income under both the 1939 and 1954 Internal Revenue Codes. For example, in Commissioner v. Glenshaw Glass Co., supra at 432-433: “We would do violence to the plain meaning of the statute and restrict a clear legislative attempt to * * * bear upon all receipts constitutionally taxable were we to say that the payments in question here are not gross income.” And again, in General Am. Investors Co. v. Commissioner, supra at 436: “In accordance with the legislative design to reach all gain constitutionally taxable unless specifically excluded, we conclude that the petitioner is liable for the tax and the judgment is affirmed.” These words are also “dicta”, as are the words of the old Supreme Court opinions and other opinions and sources that petitioners selectively quote out of context. Dicta is a word that lawyers and judges use to refer to explanations or comments in a judicial opinion that are not necessary to the holding or result that is the court's actual decision. But, as explained in Reich v. Continental Cas. Co., supra at 757, in which the Court of Appeals applied and followed the dicta in a recent Supreme Court opinion on another subject: federal law is for all practical purposes what the Supreme Court says it is. When the Court's view is embodied in a holding, the Court's reluctance to overrule its precedents enables a confident prediction that that holding is “the law.” When the view is embodied in a dictum, prediction cannot be made withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011