Hellmich v. Hellman
276 U.S. 233 (1928)

Annotate this Case

U.S. Supreme Court

Hellmich v. Hellman, 276 U.S. 233 (1928)

Hellmich v. Hellman

Nos. 299, 300

Argued January 4, 5, 1928

Decided February 20, 1928

276 U.S. 233

Syllabus

1. Under the Revenue Act of 1918, amounts distributed to the stockholders of a liquidating corporation out of earnings and profits accumulated by the corporation since February 28, 1913, are not to be treated as "dividends," which, under § 201(a), are exempt from normal tax, but as payments made by the corporation in exchange for its stock, which are taxable "as other gains or profits." § 201(c). P. 276 U. S. 236.

Page 276 U. S. 234

2. The objection that this result in double taxation cannot prevail over the clearly expressed intention of the statute. P. 276 U. S. 237.

18 F.2d 239, 244 reversed.

Certiorari, 275 U.S. 513, to review two judgments of the circuit court of appeals sustaining recoveries of money paid under protest as income taxes.

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