- 31 - CHABOT, J., dissenting: The majority opinion sets forth supra at note 3 and the accompanying text (majority op. pp. 13- 15) concerns as to the injustice resulting from the intersection of court-made doctrine and statute law--in particular the minimum tax. The majority opinion states that “these policy issues are in the province of Congress” (majority op. p. 15) and refuses to modify court-made doctrine. Although I agree with the majority that “we are not authorized to rewrite the statute” (majority op. p. 15), I reject the idea that we are disabled from correcting court-made error, and so I dissent. The assignment of income doctrine was created by the courts to deal with situations where the taxpayer figuratively turned his or her back on income that would have come to and been taxable to the taxpayer, but for the taxpayer’s effort to shift the receipt and taxability of the income. See the three seminal opinions cited by the majority (majority op. p. 27)--Lucas v. Earl, 281 U.S. 111 (1930) (husband assigned to wife half of salary and fees that he earned; Federal taxing statute treats assigned amounts as taxpayer’s income); Helvering v. Eubank, 311 U.S. 122 (1940) (taxpayer assigned to corporate trustees insurance renewal commissions; taxpayer remains taxable on the insurance renewal commissions he had earned); Helvering v. Horst, 311 U.S. 112 (1940) (taxpayer assigned to son negotiable bondPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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