Eisner V. Macomber - Decision of The Supreme Court

Decision of The Supreme Court

In the majority opinion, Justice Mahlon Pitney ruled that this stock dividend was not a realization of income by the taxpayer-shareholder for purposes of the Sixteenth Amendment:

We are clear that not only does a stock dividend really take nothing from the property of the corporation and add nothing to that of the shareholder, but that the antecedent accumulation of profits evidenced thereby, while indicating that the shareholder is richer because of an increase of his capital, at the same time shows he has not realized or received any income in the transaction.

The Court noted that in Towne v. Eisner, it had clearly stated that stock dividends were not income, as nothing of value was received by Towne - the company was not worth any less than it was when the dividend was declared, and the total value of Towne's stock had not changed.

Although the Eisner v. Macomber Court acknowledged the power of the Federal Government to tax income under the Sixteenth Amendment, the Court essentially said this did not give Congress the power to tax — as income — anything other than income, i.e., that Congress did not have the power to re-define the term income as it appeared in the Constitution:

Throughout the argument of the Government, in a variety of forms, runs the fundamental error already mentioned—a failure to appraise correctly the force of the term "income" as used in the Sixteenth Amendment, or at least to give practical effect to it. Thus, the Government contends that the tax "is levied on income derived from corporate earnings," when in truth the stockholder has "derived" nothing except paper certificates which, so far as they have any effect, deny him present participation in such earnings. It contends that the tax may be laid when earnings "are received by the stockholder," whereas he has received none; that the profits are "distributed by means of a stock dividend," although a stock dividend distributes no profits; that under the Act of 1916 "the tax is on the stockholder's share in corporate earnings," when in truth a stockholder has no such share, and receives none in a stock dividend; that "the profits are segregated from his former capital, and he has a separate certificate representing his invested profits or gains," whereas there has been no segregation of profits, nor has he any separate certificate representing a personal gain, since the certificates, new and old, are alike in what they represent—a capital interest in the entire concerns of the corporation.

The Court ordered that Macomber be refunded the tax she overpaid.

Read more about this topic:  Eisner V. Macomber

Famous quotes containing the words decision of, decision, supreme and/or court:

    Will mankind never learn that policy is not morality,—that it never secures any moral right, but considers merely what is expedient? chooses the available candidate,—who is invariably the devil,—and what right have his constituents to be surprised, because the devil does not behave like an angel of light? What is wanted is men, not of policy, but of probity,—who recognize a higher law than the Constitution, or the decision of the majority.
    Henry David Thoreau (1817–1862)

    I know my fate. One day my name will be tied to the memory of something monstrous—a crisis without equal on earth, the most profound collision of conscience, a decision invoked against everything that had previously been believed, demanded, sanctified. I am no man, I am dynamite!
    Friedrich Nietzsche (1844–1900)

    Because her instinct has told her, or because she has been reliably informed, the faded virgin knows that the supreme joys are not for her; she knows by a process of the intellect; but she can feel her deprivation no more than the young mother can feel the hardship of the virgin’s lot.
    Arnold Bennett (1867–1931)

    To rear a tiger is to court calamity.
    Chinese proverb.