Wikisource

Eisner v. Macomber

(Redirected from 252 U.S. 189)


←
Eisner v. Macomber
by Mahlon Pitney
Syllabus
→

Eisner v. Macomber, 252 U.S. 189 (1920), was a tax case before the United States Supreme Court. It is notable for the following holdings:

  • a pro rata stock dividend, where a shareholder received no actual cash or other property, and retained the same proportionate share of ownership of the corporation as was held prior to the dividend, was not taxable income to the shareholder within the meaning of the Sixteenth Amendment
  • An income tax imposed by the Revenue Act of 1916 on such dividend was unconstitutional, even where the dividend indirectly represented accrued earnings of the corporation.
862892Eisner v. Macomber — SyllabusMahlon Pitney

United States Supreme Court

252 U.S. 189

Eisner  v.  Macomber

 Argued: April 16, 1919. ---

Restored to Docket for Reargument, May 19, 1919.

Reargued Oct. 17 and 20, 1919.

Decided March 8, 1920.

Mr. Assistant Attorney General Frierson, for plaintiff in error.

[Argument of Counsel from pages 190-194 intentionally omitted]

Messrs. Charles E. Hughes and George Welwood Murray, both of New York City, for defendant in error.

[Argument of Counsel from pages 194-199 intentionally omitted]

Mr. Justice PITNEY delivered the opinion of the Court.

Notes

edit

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

Public domainPublic domainfalsefalse

Retrieved from "https://en.wikisource.org/w/index.php?title=Eisner_v._Macomber&oldid=2994424"