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Helvering v. Eubank | 311 U.S. 122 (1940)

Assignment of income allows you to divert all or part of your income directly to another person. Although it’s undoubtedly permissible to assign your income to someone else, can you also assign your taxes? The United States Supreme Court addressed this issue in the nineteen forty case of Helvering versus Eubank.

Gerald Eubank worked as a life insurance agent and received commissions for policies he’d sold. Although Eubank’s employment was terminated, under the terms of his contract Eubank was still entitled to receive additional commissions if a policyholder renewed a policy sold by Eubank prior to his termination. The amount of the commission depended on the amount of the renewal premiums.

Eubank assigned his right to receive the renewal commissions to a trustee. The trustee later received three commission payments.

Eubank didn’t report the renewal commission payments as income on his federal income tax returns. Guy Helvering, the commissioner of internal revenue, determined that Eubank should’ve included the value of the renewal commissions as taxable income, and he assessed a deficiency.

Eubank petitioned the board of tax appeals for review. The board sustained Helvering’s determination. The Second Circuit reversed. Helvering appealed. The United States Supreme Court granted cert.

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