Helvering V. Horst
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Helvering V. Horst
''Helvering v. Horst'', 311 U.S. 112 (1940), is an opinion of the United States Supreme Court which further developed the “fruit-and-tree” metaphor established in '' Lucas v. Earl''.. ''Horst'' is the leading case that applies the assignment of income doctrine The assignment of income doctrine is a judicial doctrine developed in United States case law by courts trying to limit tax evasion. The assignment of income doctrine seeks to "preserve the progressive rate structure of Internal Revenue Code, the Co ... to income from property. Facts In 1934 and 1935, Paul Horst, the owner of negotiable bonds, detached negotiable interest coupons prior to their due date and gave them as a gift to his son. His son thus collected the interest coupons at maturity. A coupon bond holder owns two independent and separable rights: (1) the right to receive at maturity the principal amount of the bond, and (2) the right to receive interim payments of interest on the investment of the amounts sp ...
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Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations), is an unofficial law report, reporter of Supreme Court of the United States Judicial opinion, opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from United States Reports, volume 1, volume 1 to List of United States Supreme Court cases, volume 351, volume 351, whereas the second series contains cases starting from the official reporter List of United States Supreme Court cases, volume 352, volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ...
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Lucas V
Lucas or LUCAS may refer to: People * Lucas (surname) * Lucas (given name) Arts and entertainment * Luca Family Singers, or the Lucas, a 19th-century African-American singing group * Lucas, a 1960s Swedish pop group formed by Janne Lucas Persson * ''Lucas'' (album) (2007), an album by Skeletons and the Kings of All Cities * ''Lucas'' (1986 film), an American romantic-comedy teen film * ''Lucas'' (2021 film), a Spanish thriller drama film * ''Lucas'' (novel) (2003), by Kevin Brooks Organisations * Lucas Industries, a former British manufacturer of motor industry and aerospace industry components * Lucasfilm, an American film and television production company * LucasVarity, a defunct British automotive parts manufacturer, successor to Lucas Industries Places Australia * Lucas, Victoria Mexico * Cabo San Lucas, Baja California United States * Lucas, Illinois * Lucas, Iowa * Lucas County, Iowa * Lucas, Kansas * Lucas, Kentucky * Lucas, Michigan * Lucas, Missouri * ...
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Assignment Of Income Doctrine
The assignment of income doctrine is a judicial doctrine developed in United States case law by courts trying to limit tax evasion. The assignment of income doctrine seeks to "preserve the progressive rate structure of Internal Revenue Code, the Code by prohibiting the splitting of income among taxable entities." History The United States Supreme Court created the assignment of income doctrine in the ''Lucas v. Earl'' decision. The Supreme Court held that income from services is taxed to the party who performed the services.''Lucas v. Earl,'' 281 U.S. at 115. To elaborate on this principle, the decision used the metaphor that "the fruits cannot be attributed to a different tree from that on which they grew." The case is used to support the proposition that the substance of the transaction, rather than the form, is controlling for tax purposes. The doctrine was later expanded in the ''Helvering v. Horst'' decision to include income from property.. The decision relied on the princi ...
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Negotiable Instrument
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings, depending on its use in the application of different laws and depending on countries and contexts. The word "negotiable" refers to transferability, and " instrument" refers to a document giving legal effect by the virtue of the law. Concept of negotiability William Searle Holdsworth defines the concept of negotiability as follows: #Negotiable instruments are transferable under the following circumstances: they are transferable by delivery where they are made payable to the bearer, they are transferable by delivery and endorsement where they are made payable to order. #Consideration is p ...
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List Of United States Supreme Court Cases, Volume 311
This is a list of cases reported in volume 311 of ''United States Reports'', decided by the Supreme Court of the United States in 1940 and 1941. Justices of the Supreme Court at the time of volume 311 U.S. The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice). When the cases in volume 311 were decided the Court comprised the following members: Federal court system Under the Judiciary Act of 1789 the federal court structure at the tim ...
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Salvatore V
Salvatore may refer to: * Salvatore (name), a given name and surname, including a list of people and fictional characters with the name * "Salvatore", a song by Lana Del Rey, on her 2015 album ''Honeymoon'' * Salvatore (band), a Norwegian instrumental rock band * '' Salvatore: Shoemaker of Dreams'', a 2020 film by Luca Guadagnino See also * San Salvatore (other) * Salvatori * Salvator (other), a Latin word meaning ''savior'' * Salvador (other), a Catalan, Spanish, and Portuguese word meaning ''savior'' * Salvo (other) A salvo is the simultaneous discharge of artillery or firearms. Salvo may also refer to: People and fictional characters *Salvo (surname), a list of people and fictional characters named Salvo, De Salvo, DeSalvo, Di Salvo or DiSalvo *Salvo (given ...
, a common diminutive of ''Salvatore'' {{disambiguation ...
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Blair V
Blair is a Scots-English-language name of Scottish Gaelic origin. The surname is derived from any of the numerous places in Scotland called ''Blair'', derived from the Scottish Gaelic ''blàr'', meaning "plain", "meadow" or "field", frequently a battlefield. The given name ''Blair'' is unisex and derived from the surname. Blair is generally a masculine name in Scotland and Canada, although it is more popular in the United States, where it is also a feminine name. A variant spelling of the given name is ''Blaire'' and ''Blare''.In 2016, in the United States, Blair was the 521st most popular name for girls born that year, and the 1807th most popular for boys. Scottish clan *Clan Blair People with the surname A–E *Adam Blair (born 1986), New Zealand rugby league player *Andrea Blair, New Zealand geothermal consultant * Andrew M. Blair (1818–???), American politician in Wisconsin *Andy Blair (footballer) (born 1959) Scottish footballer *Andy Blair (ice hockey) (1908–1977), ...
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