- 55 - 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 taxedPage: 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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