Oliver Wendell Holmes, Jr.

“ The amount to be paid is not determined by the business done during the period taxed but by the net income of the year before. It is made a legal duty, by what the Courts below rightly held to be a penalty, to pay the tax in advance. When the law discussed in the Mutual Trust Company's Case, supra, was amended so as to provide that the tax should be payable in advance, the Court of Appeals said that the amendment changed the character of the tax and that the grounds of the former decision were no longer applicable. People ex rel. ”

“ This case comes here upon certiorari, 262 U.S. 741, 43 Sup. Ct. 706, 67 L. Ed. 1209, to review a decision apportioning a claim in bankruptcy for taxes presented by the State of New York. 290 Fed. 950. ”