Louis Brandeis

“ The mere fact that, in the absence of any information, the Commissioner might be compelled to assess the tax on the basis of the taxpayer's estimate, does not transform that simple estimate of the amount of the tax into the detailed return of the items of gross income, deductions, and credits required by the act. ”

“ Statutes imposing direct taxes have always required taxpayers to file 'lists' or 'schedules' or 'statements' or 'returns' specifying in detail the information requisite for an assessment of the tax. The word 'return' has not always been used. ”

“ In each of the cases at bar, the Commissioner and the taxpayers executed, prior to March 15, 1924, an instrument called 'Income and Profits Tax Waiver.' The waivers stated that 'In pursuance of the provisions of subdivision (d) of section 250 of the revenue act of 1921,' the Commissioner and the taxpayer 'consent to a determination, assessment, and collection of the amount of income, excess-profits, or war-profits taxes due under any return made. ”