Eisner V. Macomber Case Analysis

Great Essays
We the people of United States established a Constitution for the United States of America in order to form a more powerful nation, protect the rights of the citizens, secure the law and justice, and most importantly, provide guidelines for people and the government. The total of 27 amendments were formed from 1789 to 1992. They address all different type of problems that occurred and possibly will occur. One of the amendments that have a great impact on the citizens and government is amendment 16. The sixteenth amendment states, “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration” (U.S. Constitution …show more content…
Macomber brought new issues to income tax. This case defined the “income” mentioned in the sixteenth amendment. The issue was if stock dividend is considered a taxable event. Technically, a shareholder owns part of the company. Shareholders process stocks or share that worth money but not direct income. A stock dividend is a payment method that is in form of shares rather than cash. It doesn’t mean the stock receiver of a stock dividend owns more of the company. Now the issue rises, was stock dividend regarded as “incomes from whatever source derived” or simply capital? Macomber, the owner of the standard oil company, sued Eisner, the tax collector, for a refund on stock dividends tax. Macomber claimed that, “Nothing could more clearly show that to tax a stock dividend is to tax a capital increase, and not income, than this demonstration that in the nature of things it requires conversion of capital in order to pay the tax"(252 U.S. 189). Meaning taxation should be required only when the stock dividend is converted to cash. The Supreme Court specified …show more content…
They provide guidelines for taxation under several circumstances such as stock dividends and state bonds. They also show several changes in the Supreme Court’s interpretation of this amendment overtime. For instance, the definition of “income” changes from solely cash to including certain capitals and other types of asset. Furthermore, the case Eisner v. Macomber settled on no income tax on stock dividend under the sixteenth amendment. However, there are certain conditions where people have to pay taxes on stock dividends nowadays. Even though the law is established, disagreements and arguments still remain. The federal tax system helps solve many governmental crises. However, not everyone is in favor of this system. There are people who still think income tax is unconstitutional and it’s an exercise on privilege. There are unsatisfied citizens everywhere and Americans who despise the government’s inability to fully function without income tax on people. Because of the dissatisfaction, there are assorted current issues including protest groups, campaigns, and scandals against the

Related Documents

  • Improved Essays

    The General Assembly of Maryland passed an act imposing tax on all banks, or branches in the State of Maryland not chartered by the legislature. The State of Maryland took McCulloch to court in order to collect his unpaid taxes. McCulloch…

    • 480 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Baker V. Carr Case Study

    • 812 Words
    • 4 Pages

    Q1 The main inquiry in Baker v. Carr was in the case of redistricting was a legitimate issue the courts could deliver proactively to revise manhandle or a political issue. The state contended that it was a political issue, so the courts had no purview. The case demonstrated a standout amongst the most debilitating in the Supreme Court's history, with the choice held over for re-contention on the grounds that the court couldn't achieve a lion's share choice. Equity Charles Evans Whittaker was so resentful about the case, he at long last recused himself from the choice, and the worry over the choice may have added to his initial retirement from the Court.…

    • 812 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    When discussing the case Gay v Gay &’s Supermarket there was a corporation that was formed under the laws of the state of Maine. Continuing there was a company named Hannaford Bros. Company that held 51% of the corporation and common stock. Two brothers (Lawrence and Carrol Gay) were minority shareholders in Super Markets. Lawrence was relieved from his job as manager of the corporation and store at Machias, Maine. At a meeting there was a discussing brought up stating not to declare a stock dividend for the prior year.…

    • 140 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    As the nation has evolved, the interpretation of the Constitution has varied. While the Sixth Amendment has been largely upheld in most domestic cases, in fact it has routinely been denied to those who are entitled to its protection when the government deems the situation as a threat to national security. Similarly, the understanding of the Eighth Amendment has been strictly interpreted in matters of domestic law, but the meaning is deviated from in cases where national security has taken the…

    • 1252 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    There is an argument from the perspective of the colonists: “The colonists claimed that it threatened their prosperity and liberty… They argued that the colonists had no representation in Parliament, so Parliament had no right to tax them. Some colonists…

    • 601 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    When The Articles of Confederation were first written, they did not give congress the power to tax citizens. This may have been good for the people, but it was not good for the government. If this problem was left until now, we wouldn’t have schools, government buildings and workers, or healthcare. The outcome would be disastrous. States had the right to coin their own money.…

    • 203 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Stamp Act 1765

    • 820 Words
    • 4 Pages

    The year was 1765. The Stamp Act had just been passed, and the colonists were not pleased with it. They openly protested, refusing to buy stamps for their paper documents. This family lived in Boston, where some of the most famous protests took place. “Mother, why are all our neighbors complaining about stamps?”…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This doesn’t seem like a problem that you can fix just by saying we need a fair tax for everyone because states did not have the same amount of money. My problem with the government not being allowed to tax the states is that America was in so much debt and without the states paying taxes, and no federal currency they had no way to pay off the…

    • 532 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Common Sense Dbq

    • 1494 Words
    • 6 Pages

    The tax was designed to collect revenue from the colonists to pay for the troops stationed on the American frontier. Even though it taxed the colonists and angered them, the tax was justified and there was good reason behind its implementation. The money that was collected from the colonists did not cover all of the money needed to station the troops. This lead to skepticism among the citizens living in the colonies, for the reasons behind imposing the tax did not add up. “The taxes asked of the American colonists were lower than those asked of mainland English citizens.…

    • 1494 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Progressive Era Dbq

    • 520 Words
    • 3 Pages

    The progressive era is an era of improvement and social reforms set in place to make things in life more easier and more fair to the citizens in the United States. In the progressive era there were problems such as living conditions, woman suffrage, and working conditions were very apparent. First, one problem in the Progressive Era was living conditions. For example in a DBQ text it says “ Be a little careful, please. The hall is dark and you might stumble over the children pitching pennies back there.…

    • 520 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    But Steve," you are no doubt saying to your monitors at this very moment, drawing quizzical stares from the others in your campus computer lab/Wi-Fi-equipped café, "aren't Mr. Russo and his friends overlooking the Sixteenth Amendment of the Constitution of the United States, which clearly declares, 'The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among…

    • 1150 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Essay On Flat Tax

    • 1418 Words
    • 6 Pages

    Tax is a compulsory contribution to state revenue, levied by the government on worker’s income and business profits or added to the cost of some goods, services, and transactions (Oxford Dictionary). The federal income Tax system is now at a center of public debate. To illustrate, The United States is currently practicing progressive tax system, which means a person who earns higher income pays higher tax rate. Whereas another income tax system is call flat tax, which is a tax system with a constant marginal rate in which all taxpayers are taxed at the same rate with no regard of the total income earned. Supporters for flat tax believe that flat tax is simple, fair, and good for the growth of the economy.…

    • 1418 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    The tax was enforced by the government on all distilled beverages. At the time whiskey was the most popular among those beverages so the tax became known as the “whiskey tax”. There was quite a bit of pushback among some parts of the country and protests became violent. The new government stood firm and through perseverance showed the nation they were capable of making and enforcing laws. Later, during his presidency, Lincoln too made history as the very first president who implemented the federal income tax.…

    • 1618 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Wealth Inequality Essay

    • 567 Words
    • 3 Pages

    Although each person has the right to make as much money as possible, in the United States the government should however keep the income rise proportioned by taxing the wealthy more and the poor less. In recent years the opposite happened where the taxes on the wealthy were cut from a top rate of 68% in 1980s to 28.5% by 1988. The share of federal tax revenue paid by corporations has dropped from 33 cents of every dollar collected in 1953 to less than 10 cents today. (Donald Barlett and James Steele: America: Who Really Pays the Taxes? Andrews and McMeel:…

    • 567 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Amendment eight prevents people from unreasonable fines and punishment which defends people’s livelihood. The ninth amendment recognizes human rights that are not listed in the Constitution; they are implied. Lastly, the tenth amendment ends the Bill of Rights and states that powers from the Constitution, not given to the government, belong to the…

    • 1228 Words
    • 5 Pages
    Superior Essays