1. In calculating the income tax on an estate during
administration, under the Revenue Act of 1918, federal estate taxes
are deductible from gross income.
United States v.
Woodward, 256 U. S. 632. P.
271 U. S. 11.
2. But where the estate tax, though it accrued during the income
tax year, was not paid until later, and the taxpayer's books were
kept upon the basis of actual receipts and disbursements -- not the
"accrual" basis -- and the return showed such income only as was
received during the tax year, the estate tax was not deductible in
computing the taxable income of that year.
United States v.
Anderson, 269 U. S. 422.
Woodward case,
supra, distinguished.
Id.
3. Where claimants' right to recover money paid as income taxes
depended on their books' having been kept on the accrual basis, the
burden was on them to prove that the books were so kept. P.
271 U. S. 12.
Page 271 U. S. 10
4. A question not raised by counsel or discussed in the opinion
is not to be regarded as decided merely because it might have been
raised and decided on the record. P.
271 U. S. 14.
5. The inheritance tax imposed by Texas, and paid by executors,
held deductible in computing the federal income tax of the
estate under Revenue Law of 1918.
Keith v. Johnson, ante,
p.
271 U. S. 1. P.1
144.
60 Ct.Cls. 451 reversed.
Appeal from a judgment of the Court of Claims for an amount paid
as income tax.
MR. JUSTICE BUTLER delivered the opinion of the Court.
November 28, 1918, Dellora R. Gates, a resident of Texas, died
testate, and January 6, 1919, the County Court of Jefferson County
granted letters testamentary to appellees. The federal estate tax
accrued one year after her death, and, November 26, 1919, the
executors made a return showing $2,927,762.64 due the United States
under the Revenue Act of 1916. [
Footnote 1] They did not pay any part of the tax in 1919,
but paid $1,000,000 February 25, 1920, and the balance May 27 of
that year. Under the Revenue Act of 1918, [
Footnote 2] the executors, March 14, 1920, made an
income tax return for the estate for 1919 showing a balance due of
$905,225.73. If the estate tax had been
Page 271 U. S. 11
deducted, there would have been no taxable income for that year.
In 1919, the executors paid an inheritance tax of $357,739.34,
which was imposed and became due in that year under the laws of
Texas. [
Footnote 3] If that
amount had been deducted, the income tax of the estate for that
year would have been reduced by $261,149.72. When the return was
made, the rulings and regulations of the Commissioner of Internal
Revenue and the Secretary of the Treasury did not permit the
deduction of the federal estate tax or the state inheritance tax,
and for that reason the executors did not claim that either should
be deducted, and paid the amount shown by the return. After the
decision of this Court in
United States v. Woodward (1921)
256 U. S. 632, the
executors filed a claim for refund, which was denied. The Bureau of
Internal Revenue offered to allow them to deduct the estate tax
paid in 1920 from gross income, in calculating the income tax on
the estate, for that year. The executors refused to do so, and
brought this action, in which they seek to recover the full amount
of the 1919 income tax paid . And, in the event that the estate tax
shall be held not deductible, they seek to recover $261,149.72, the
amount by which the income tax would have been lessened if the
Texas inheritance tax paid in that year had been deducted. The
Court of Claims held the estate tax deductible, and gave judgment
for the full amount.
It is established that, in calculating the income tax on an
estate during administration under Revenue Act 1918, § 214(a)(3),
federal estate taxes are deductible.
United States v. Woodward,
supra. But the question presented by this case is whether, in
calculating the income tax for 1919, the executors were entitled to
deduct from the gross income actually received in that year the
estate
Page 271 U. S. 12
tax which was not paid until 1920. The executors maintain that,
under § 214(a)(3), estate taxes are deductible if paid or if
accrued within the taxable year, and that the estate tax, accruing
in 1919 and paid in 1920, was deductible from gross income actually
received in 1919. When regard is had to other provisions of the
Act, it is clear that this contention is not admissible. Section
200 declares that "paid" means "paid or accrued," and that the
phrase "paid or accrued" shall be construed according to the method
of accounting upon the basis on which the net income is computed
under § 212. And § 212 provides that net income shall be computed
on the basis of the taxpayer's annual accounting period in
accordance with the method of accounting regularly employed in
keeping the books of the taxpayer (
United States v.
Anderson, 269 U. S. 422),
but if no such method has been employed, or if the method employed
does not reflect the income, the computation shall be made upon a
basis and in a manner that, in the opinion of the Commissioner,
does clearly reflect the income. The return shows that it was made
on the basis of income actually received in 1919. This indicates
that the accounts were kept on the basis of actual receipts and
disbursements, and there is nothing in the record to show that any
other method was employed. The burden is on the executors to
establish the invalidity of the tax.
United States v. Anderson,
supra. They have not shown that their books were kept on the
accrual basis. Assuming, as we must, that the accounts of the
estate were kept on the basis of actual receipts and disbursements,
the executors were required to make return on that basis.
Notwithstanding the option given taxpayers, it is the purpose of
the Act to require returns that clearly reflect taxable income.
That purpose will not be accomplished unless income received and
deductible disbursements made are treated consistently. It was not
the purpose of the Act to permit gross income actually
Page 271 U. S. 13
received to be diminished by taxes or other deductible items
disbursed in a later year, even if accrued in the taxable year. It
is a reasonable construction of the law that the same method be
applied to both sides of the account.
Appellees contend that
United States v. Woodward,
supra, governs this case. The provisions of the Revenue Act of
1916 and of the Revenue Act of 1918 which are here involved were
considered in that case. The cases are much alike. Woodward died
December 15, 1917, and the estate tax became due one year later,
but it was not paid until February 8, 1919. It may be assumed that
the return for 1918 included only the income actually received in
that year. The rules and regulations then in force did not permit
the deduction of the estate tax. If that deduction had been made,
there would have been no taxable income. The executors paid the tax
under duress, and brought suit for the amount paid. The Court of
Claims held them entitled to recover, and this Court affirmed the
judgment. The question considered and decided was whether, in
ascertaining net taxable income, the estate tax was deductible. The
opinion referred to the provision which imposes the tax upon
incomes of estates and that part of § 214 which authorizes the
deduction of "taxes paid or accrued within the taxable year imposed
(a) by the authority of the United States, except income, war
profits and excess profits taxes," and, in discussing the clause
defining the deductions permitted to be made, the Court said (p.
256 U. S.
634):
"The words of its major clause are comprehensive, and include
every tax which is charged against the estate by the authority of
the United States. The excepting clause specifically enumerates
what is to be excepted. The implication from the latter is that the
taxes which it enumerates would be within the major clause were
they not expressly excepted, and also that there was no purpose to
except any others. Estate taxes
Page 271 U. S. 14
were as well known at the time the provision was framed as the
ones particularly excepted. . . . Thus, their omission from the
excepting clause means that Congress did not intend to except them.
The Act of 1916 calls the estate tax a 'tax,' and particularly
denominates it an 'estate tax.' This Court recently has recognized
that it is a duty or excise, and is imposed in the exertion of the
taxing power of the United States.
New York Trust Co. v.
Eisner, ante, 256 U. S. 345."
The question decided concerned the character of the exaction --
that is, whether the so-called federal "estate taxes" were "taxes"
within the meaning of that word as used in the clause of § 214
quoted. The government did not contend that, if deductible at all,
the estate taxes could not be deducted in that case because the
return was made on the basis of income actually received in 1918,
whereas the estate tax, accruing in that year, was not paid until
1919. That question was not presented to the Court for decision,
and no such question was considered or decided. It is not to be
thought that a question not raised by counsel or discussed in the
opinion of the Court has been decided merely because it existed in
the record and might have been raised and considered.
Webster
v. Fall, 266 U. S. 507,
266 U. S. 511. The
Woodward case does not support the contention that, where
the estate income tax return is made on the basis of income
actually received in the taxable year, there may be deducted the
estate tax accruing in that year but paid in the following
year.
It remains to be considered whether, in calculating the tax on
the income of the estate, the inheritance tax imposed by the law of
Texas and paid by appellees in 1919 is deductible from the gross
income received in that year. That law provides that all property
which shall pass by will or by the laws of descent shall, upon
passing to or for the use of any person (with certain exceptions),
be subject to a tax for the benefit of the state. We are of
Page 271 U. S. 15
opinion that, in respect of the matter under consideration, the
Texas inheritance tax law cannot be distinguished from the New York
transfer tax law, and that, under
Keith v. Johnson, ante,
p.
271 U. S. 1, the
executors are entitled to have the inheritance tax paid in 1919
deducted from the income of the estate received in that year.
Judgment reversed.
[
Footnote 1]
Section 201, Act Sept. 8, 1916, c. 463, Title II, 39 Stat. 756,
777, as amended by Act March 3, 1917, c. 159, Title III, § 300, 39
Stat. 1000, 1002, and by Act Oct. 3, 1917, c. 63, Title IX, § 900,
40 Stat. 300, 324.
[
Footnote 2]
Act Feb. 24, 1919, c. 18, Title II, §§ 210, 214, 219, 40 Stat.
1057, 1062, 1067, 1071.
[
Footnote 3]
Vernon's Sayles' Texas Civil Statutes, 1914 ed., as amended by
c. 166, Laws 1917, Arts. 7487-7502.