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FREEMAN V. HEWITT, 329 U. S. 249 (1946)

U.S. Supreme Court

Freeman v. Hewitt, 329 U.S. 249 (1946)

Freeman v. Hewitt

No. 3

Argued November 8, 1944

Reargued October 14, 1946

Decided December 16, 1946

329 U.S. 249


A trustee of an estate created by the will of a decedent domiciled in Indiana at the time of his death instructed his Indiana broker to arrange for the sale of certain securities at stated prices. They were offered for sale on the New York Stock Exchange through the Indiana broker's New York correspondents. When a purchaser was found, the trustee delivered the securities in Indiana to his Indiana broker, who mailed them to New York. The New York brokers made delivery, received the purchase price, and remitted the proceeds (less expense and commission) to the Indiana broker, who delivered the proceeds (less commission) to the trustee in Indiana.


1. The Indiana Gross Income Tax Act of 1933 cannot constitutionally be applied to the gross receipts from these sales, since it would constitute a direct burden on interstate commerce in violation of the Commerce Clause. Pp. 329 U. S. 252-259.

2. McGoldrick v. Berwind-White Co., 309 U. S. 33; American Mfg. Co. v. St. Louis, 250 U. S. 459; Harvester Co. v. Department of Treasury, 322 U. S. 340, differentiated. Pp. 329 U. S. 257-258.

3. The Commerce Clause protects interstate sales of intangibles, as well as interstate sales of tangibles. P. 329 U. S. 258.

221 Ind. 675, 51 N.E.2d 6, reversed.

Appeal from a decision of the Supreme Court of Indiana sustaining application of the Indiana Gross Income Tax Act of 1933 to gross receipts from interstate sales of securities. 221 Ind. 675, 51 N.E.2d 6. Reversed, p. 259.

Page 329 U. S. 250

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