Kane v. Commissioner’s Empirical Analysis
100 F.2d 382 · 1938
Citation profile
10 federal appellate · 1 district ·
How this case has been cited
Cited by 19 later decisions (2 by the Supreme Court) — most recently December 1982
10 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 26 U.S.C. § 23 · 26 U.S.C. § 24
Relies on City Bank Farmers Trust Co. v. Schnader · Foss v. Commissioner · Lloyd v. Commissioner · Lindley v. Commissioner · United States v. Heilbroner
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the prevailing opinion of the Board it was said that the taxpayer ‘merely received income from investments, and this is not a trade or business.’ While we do not say that the taxpayer might not carry on a business through an agent, it was not shown here that enough was done either by the taxpayer or her agents to constitute the carrying on of a business. To be sure, Mr. Weiller testified that he ‘changed investments continually, substituting and changing, and reinvesting the income,’ but it is not apparent from that statement to what extent there was activity in buying or selling securities or how far the taxpayer was other than a passive recipient of income or a mere investor either in her own capacity or through her agent. We think it would not be enough to secure or to attempt to secure income or capital stability by conversions of bonds into stock or vice versa, or by otherwise safeguarding the taxpayer’s invest ments. To do ‘only what is necessary from, an investment point of view’ was said by the Circuit Court of Appeals of the First Circuit to be insufficient to amount to engaging in business.’ (Citing cases.) We are not persuaded that the taxpayer was engaged directly or indirectly in carrying on a business. (Citing cases.) The activities of the taxpayer’s brother as to her investments and the employment for personal convenience of a bookkeeper to record financial transactions, or of a bank to cut and collect coupons, did not, in our opinion, amount to the carryin”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.