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Link to the Case Preview: http://supreme.justia.com/us/268/238/
Link to the Full Text of Case: http://supreme.justia.com/us/268/238/case.html
U.S. Supreme Court
Lewellyn v. Frick, 268 U.S. 238 (1925)
Lewellyn v. Frick
No. 681
Argued April 16, 1925
Decided May 11, 1925
268 U.S. 238
Syllabus
1. Acts of Congress are to be construed, if possible, so as to avoid grave doubts of their constitutionality. P. 268 U. S. 251.
2. The provisions of the Revenue Act of February 24, 1919, purporting to include policies insuring the life of a decedent in the
gross value of his estate as a basis for fixing the transfer tax thereon, though the policies be payable to beneficiaries other than the estate, and allowing the executor to recover from such beneficiaries their proportions of such tax and making them personally responsible therefor if not paid when due, are to be construed as inapplicable to transactions antedating the passage of the Act. P. 268 U. S. 251.
3. A declaration in an Act that a provision in it shall be retroactive helps the conclusion that the same provision in an earlier Act, lacking such declaration, was not retroactive. P. 268 U. S. 252.
298 F.8d 3 affirmed.
Error to a judgment recovered in the district court by the defendants in error in an action to recover the amount of taxes collected by duress.
