Automobile Club of New York, Inc. v. Commissioner of Internal Revenue

*786CLARK, Circuit Judge

(concurring in the result).

I concur in the decision herein and also in my brother Moore’s opinion with two reservations. First, in view of the quite specific rejection in American Automobile Ass’n v. United States, 367 U.S. 687, 689, 81 S.Ct. 1727, 6 L.Ed.2d 1109, of Bressner Radio, Inc. v. C. I. R., 2 Cir., 267 F.2d 520, I do not believe we can rely on that latter decision as being any longer authoritative. Second, the rationale of the AAA case, in my judgment, applies equally to the proceeds of the savings plan coupons as to the membership fees; and we are not justified in holding out hope for later change in their taxability.