- 53 - 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).Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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