Steven J. and Jean L. Liddane - Page 11

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          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 with                   




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