Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas N.A., Independent Executor - Page 55

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          F.2d 346 (1st Cir. 1927), an estate challenged an estate tax                
          regulation that expressly disallowed the deduction of estate                
          taxes from the determination of the net estate for purposes of              
          computing estate tax liability, as unconstitutional and as                  
          inconsistent with the statute (Revenue Act of 1916, ch. 463,                
          sec. 203, 39 Stat. 778, as amended).  The estate contended                  
          that the amount of estate tax imposed by the statute should                 
          not be included in the base used as a measure of the tax.  The              
          Court of Appeals rejected the challenge, finding the                        
          regulation consistent with the meaning of the statute and the               
          constitutional challenge “a claim so obviously unsound as to                
          call for no discussion.”  Old Colony Trust Co. v. Malley,                   
          supra at 347.                                                               
               Third, petitioner's fundamental claim, and the fatal flaw              
          in its argument, concerns the nature of the transfer required               
          to insulate the estate tax from attack based on the "direct                 
          tax" strictures of the Constitution.  Petitioner sums up its                
          argument as follows:                                                        
               Petitioner views the estate tax as a tax on the transfer               
               of property at death, consistent with Knowlton v. Moore,               
               178 U.S. 41 (1900), and is concerned solely with the                   
               amount of property that a decedent can transfer at death.              
                    The problem with the estate tax as it is currently                
               assessed is that a large portion of the tax is imposed on              
               the decedent's property not because of its transfer at                 
               death but, rather, merely because of its ownership by the              
               decedent, in clear violation of Pollock v. Farmers' Loan               
               & Trust Co., 157 U.S. 429, reh'g granted, 158 U.S. 601                 
               (1895).  Specifically, the amount of a decedent's estate               
               that must be paid as estate tax is not "transferred" at                
               death to anyone.  Therefore, it cannot itself be taxed                 



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