Joseph McKenna

“ The act of Congress, therefore should not be construed to be retroactive, and, if so construed, was in violation of the Constitution of the United States, in that it would take the property of plaintiffs without due process of law, in violation of the Fifth Amendment, and would not be, besides, a transfer tax or an indirect tax, but would be a direct tax thereon, in violation of article 1, section 9, subdivision 4, of the Constitution of the United States, because not laid in proper relation to census or enumeration as therein provided. ”

“ Henriette Levy at the time of the transfers was in good health, and made them to get rid of the care and worry of business, and to vest in plaintiffs definite and irrevocable present rights of ownership in the stock, and the transfers were not in contemplation of, or intended to take effect in possession or enjoyment at or after, her death. ”

“ The transfers of the stock to plaintiffs were complete, and there were no agreements or stipulations by which Henriette Levy would be entitled to a return of the stock, except that the plaintiffs promised and agreed to pay to her the dividends accruing thereon during her lifetime, she, however, retaining no testamentary disposition or any legal right whatsoever over the stock, or any of it, or any right of revocation. ”