Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas N.A., Independent Executor - Page 53

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               There are a number of problems with petitioner's theory.               
          First, we believe petitioner overlooks both the long history of             
          treating taxes occasioned by death as excise rather than direct             
          taxes31 and the fact that the Supreme Court's touchstone for                
          determining a direct tax has been historical treatment, rather              
          than logical analogy.  In New York Trust Co. v. Eisner, 256 U.S.            
          345 (1921), the Supreme Court brushed aside the taxpayer's effort           
          to distinguish the estate tax there at issue from the inheritance           
          tax sustained against a "direct tax" challenge in Knowlton v.               
          Moore, 178 U.S. 41, 81 (1900).  The taxpayer in New York Trust              
          Co. had sought to make a distinction, for "direct tax" purposes,            
          between an inheritance tax and an estate tax, based upon the                
          former's imposition on the privilege of receipt.  The Supreme               
          Court, relying heavily on its earlier opinion in Knowlton v.                
          Moore, supra, dismissed the effort, not because of "some                    
          scientific distinction", but based                                          
               on the practical and historical ground that this                       
               kind of tax always has been regarded as the                            
               antithesis of a direct tax; “has ever been treated                     
               as a duty or excise, because of the particular                         
               occasion which gives rise to its levy.” [Knowlton v.                   
               Moore] 178 U.S. 81-83 * * *  Upon this point a page                    
               of history is worth a volume of logic.  [New York                      
               Trust Co. v. Eisner, supra at 349.]                                    





               31  Knowlton v. Moore, 178 U.S. 41, 81 (1900); see, e.g.,              
          Bromley v. McCaughn, 280 U.S. 124, 137 (1929) ("[excise] taxes of           
          this type were not understood to be direct taxes when the                   
          Constitution was adopted"); New York Trust Co. v. Eisner, 256               
          U.S. 345 (1921).                                                            

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