In the case of Helvering v. Hallock, the U.S. Supreme Court ruled in 1939 that transfers made by a decedent during his lifetime but intended to take effect at or after death were subject to federal estate tax under the Revenue Act of 1926. The court held that these transfers fell within Section 302(c) of the act, which included property transferred "in contemplation of death" as part of a taxable estate. This decision overturned two lower courts' rulings and clarified that Congress had broad authority to define what constitutes an estate for taxation purposes, including assets not directly owned by the deceased at their time of death.

In the dissenting opinion for Helvering v. Hallock, Justice McReynolds argued that the majority's decision was a departure from established legal principles and precedent. He contended that under previous rulings, transfers made in contemplation of death were not subject to estate tax unless they were essentially testamentary - i.e., taking effect only upon or after death. In this case, he believed that the transferor had irrevocably parted with his property during his lifetime and thus it should not be included in his gross estate for taxation purposes at death. Furthermore, he criticized the majority's interpretation of "transfers" as overly broad and inconsistent with legislative intent behind federal estate tax laws. He also expressed concern about potential double taxation issues arising from taxing both inter vivos trusts (created during one’s lifetime) and estates at death.