Kenneth L. Nordtvedt - Page 10




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          cases upholding Congress’ right to provide for a currency having            
          a uniform legal value that did not necessarily correspond to the            
          market value of gold bullion which backed the currency.  See                
          Perry v. United States, 294 U.S. 330 (1935); Nortz v. United                
          States, 294 U.S. 317 (1935); Norman v. Baltimore & Ohio R.R. Co.,           
          294 U.S. 240 (1935); Legal Tender Cases, 79 U.S. (12 Wall.) 457             
          (1870).                                                                     
               As a second ground for rejecting the taxpayers’ position in            
          Hellermann v. Commissioner, supra, we relied upon the doctrine of           
          common interpretation; i.e., defining income on the basis of the            
          understanding of a lay person, not an economist.  See id. at                
          1366.  Under this doctrine, the taxpayers’ gain must be measured            
          on the basis of the nominal gain on the sale of property, not on            
          the basis of a gain reduced by an inflation factor, or the real             
          gain in an economic sense.  See id.  “[N]either the Constitution            
          nor tax laws ‘embody perfect economic theory.’”  Id. (quoting               
          Weiss v. Weiner, 279 U.S. 333, 335 (1929)).                                 
               In Hellermann v. Commissioner, supra, the taxpayers were               
          arguing that the Government’s failure to take inflation into                
          account to determine gain or loss resulted in the taxation of               
          return of capital.  This is the essence of petitioner’s argument            
          in the instant case.  However, as previously stated, the                    
          applicable statutes and regulations do not provide that                     
          petitioner may take inflation into account.  See secs. 72, 401,             






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