Supreme Court of the United States, 1931

Burnet v. Henry

Burnet v. Henry
Supreme Court of the United States · Decided April 13, 1931 · Sutherland
283 U.S. 229; 51 S. Ct. 416; 75 L. Ed. 995; 1931 U.S. LEXIS 141; 9 A.F.T.R. (P-H) 1433 (United States Reports)

Counsel

Assistant Attorney General Youngquist, with whom Solicitor General Thacher and Messrs. Sewall Key and A. H. Conner, Special Assistants to the Attorney General, Erwin N. Griswold, and Clarence M. Charest, General Counsel, and Allin H. Pierce, Special Attorney, Bureau of Internal Revenue, were on the brief, for petitioner., Mr. William Clarke Mason, with whom Mr. John Russell, Jr., was on the brief, for respondent.

Burnet v. Henry

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Opinion

Mr. Justice Sutherland

delivered the opinion of the Court.

The question in this case is the same as that which has been determined against the respondent in Burnet v. Houston, ante, p. 223. The subscription to the fund described in our opinion in that case was not made by respondent direct, but by her brother, Samuel F. Houston, acting as her agent. Otherwise the facts are the same; and upon the authority of the Houston case the judgment of the court below, 39 F. (2d) 358, is

Reversed.

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