In the case of Groman v. Commissioner of Internal Revenue (1937), the U.S Supreme Court ruled in favor of the Commissioner, upholding that payments made by a corporation to its shareholders were taxable dividends rather than non-taxable returns on capital. The dispute arose when Mr. Groman and other shareholders received money from their company, which they claimed was a return on capital investment and thus not subject to income tax under existing laws at that time. However, the IRS argued these payments were actually dividends because they came out of corporate earnings and profits, making them taxable as income for recipients according to federal law. The court agreed with this interpretation based on evidence presented about how funds had been allocated within the corporation's accounts.

The dissenting opinion in the case of Groman v. Commissioner of Internal Revenue argued that the majority's decision was inconsistent with previous rulings and interpretations of tax law. The dissenting justices believed that a taxpayer should not be taxed on income derived from illegal activities, as it contradicts the principle that no one should profit from their own wrongdoing. They also pointed out inconsistencies in how different types of illegal income were treated under tax law, arguing for a more uniform approach to taxation regardless of source. Furthermore, they contended that taxing such incomes could potentially interfere with criminal prosecutions by providing an incentive for criminals to report their illicit earnings to avoid additional penalties for tax evasion.