zzled money was not taxable
income to the embezzler, although any gain he derived from the use of it
would be. Justice Burton dissented on the basis of the Sullivan Case. In
Rutkin _v._ United States,[49] decided in 1952, a sharply divided Court
cuts loose from the metaphysics of the Wilcox case and holds that
Congress has the power under Amendment XVI to tax as income monies
received by an extortioner.

Notes

[1] Pollock _v._ Farmers' Loan & Trust Co., 157 U.S. 429 (1895); 158
U.S. 601 (1895).

[2] 28 Stat. 509.

[3] The Court conceded that taxes on Incomes from "professions, trades,
employments, or vocations" levied by this act were excise taxes and
therefore valid. The entire statute, however, was voided on the ground
that Congress never intended to permit the entire "burden of the tax to
be borne by professions, trades, employments, or vocations" after real
estate and personal property had been exempted. 158 U.S. 601, 635
(1895).

[4] Springer _v._ United States, 102 U.S. 586 (1881).

[5] 13 Stat. 223 (1864).

[6] For an account of the Pollock decision _see_ pp. 319-320.

[7] 173 U.S. 509 (1899).

[8] 178 U.S. 41 (1900).

[9] 184 U.S. 608 (1902).

[10] Flint _v._ Stone Tracy Co., 220 U.S. 107 (1911).

[11] Brushaber _v._ Union P.R. Co., 240 U.S. 1 (1916); Stanton _v._
Baltic Min. Co., 240 U.S. 103 (1916); Tyee Realty Co. _v._ Anderson, 210
U.S. 115 (1916).

[12] Brushaber _v._ Union P.R. Co., 240 U.S. 1, 18-19 (1916).

[13] Stanton _v._ Baltic Min. Co., 240 U.S. 103, 112 (1916).

[14] Stratton's Independence _v._ Howbert, 231 U.S. 399 (1914); Doyle
_v._ Mitchell Bros. Co., 247 U.S. 179 (1918).

[15] Eisner _v._ Macomber, 252 U.S. 189 (1920); Bowers _v._
Kerbaugh-Empire Co., 271 U.S. 170 (1926).

[16] 247 U.S. 339, 344 (1918).--On the other hand, in Lynch _v._
Turrish, 247 U.S. 221 (1918), the single and final dividend distributed
upon liquidation of the entire assets of a corporation, although
equalling twice the par value of the capital stock, was declared to
represent only the intrinsic value of the latter earned prior to the
effective date of the amendment, and hence was not taxable as income to
the shareholder in the year in which actually received. Similarly, in
Southern P. Co. _v._ Lowe, 247 U.S. 330 (1918) dividends paid out of
surplus accumulated before the effective date of the amendment by a
railway company whose entire capital stock was owned by another railway
company and whose