- 10 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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