Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas N.A., Independent Executor - Page 54

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          The estate tax regime at issue in New York Trust Co.32 was "tax             
          inclusive" in the same manner now faulted by petitioner in the              
          current estate tax structure provided in sections 2001-2209.                
          We think petitioner's effort to dissect the estate tax at                   
          issue herein into a constitutionally permissible portion                    
          (i.e., the tax imposed with respect to property transferred to              
          heirs) and a constitutionally impermissible portion (i.e., the              
          tax imposed with respect to property paid to the Government as              
          tax, or the "tax on a tax payment") is the kind of "scientific              
          distinction" long ago rejected in New York Trust Co., Knowlton              
          v. Moore, supra, and Nicol v. Ames, 173 U.S. 509 (1899).  Just              
          as the differences in estate and inheritance taxes were deemed              
          inconsequential for purposes of determining what constitutes a              
          direct tax in New York Trust Co., we believe petitioner's                   
          distinctions likewise lack constitutional significance.                     
               Second, both the inheritance tax upheld in Knowlton v.                 
          Moore, supra, and the estate tax upheld in New York Trust Co.,              
          against "direct tax" challenges were "tax inclusive" in the                 
          same manner as that with which petitioner finds fault in the                
          current estate tax.  Concededly, the "direct tax" attack in                 
          the prior cases was not framed in terms of the taxes' "tax                  
          inclusive" structure.  We have found only one case where the                
          "tax inclusive" feature of the estate tax was attacked on                   
          constitutional grounds.  In Old Colony Trust Co. v. Malley, 19              


               32 Revenue Act of 1916, ch. 463, sec. 201, 39 Stat. 777.               

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