The case that I identified was the Helvering v. Janney, 311 U.S. 189 (1940) in U.S. Supreme Court. In this case the wife realized net gains from the sale of capital assets and the husband realized net losses from the sale of capital assets during the same year. They filed a joint income tax return reporting the capital gain, which represented de difference between the wife's adjusted capital gains and the husband's adjusted capital losses. The commissioner ruled that the husband's losses could not be applied to reduce the gains realized by his wife, and accordingly determined a deficiency. The Board of Tax Appeals sustained the Commissioner (39 B.T.A.240), but the Circuit Court of Appeals for the Third Circuit reversed. 108 F.2d 564. Then the Court of Appeals for the Second Circuit affirmed the decision of the Board. The maxim applied for the couple was change the character of the revenue in order to decrease his income with a better rate and a maximum deduction. The court did not purport to alter the rule as to the right of the spouses to deductions in their joint return, but merely limited the amount of capital losses which could be deducted. According