Shoolman v. Commissioner’s Empirical Analysis
108 F.2d 987 · 1940
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 10 later decisions — most recently April 1982
6 federal appellate ·
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
Relies on Lucas v. American Code Co. · United States v. S S White Dental Mfg Co of Pennsylvania · Spring City Foundry Co. v. Commissioner · Weiss v. Wiener · Burnet v. Huff
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Internal Revenue Code of 1939: “Sec. 23. Deductions From Gross Income. “In computing net income there shall be allowed as deductions: ***** “(e) Losses by Individuals.- — In the case of an individual, losses sustained during the taxable year and not compensated for by insurance or otherwise— “(1) if incurred in trade or business ; or “(2) if incurred in any transaction entered into for profit, though not connected with the trade or business ; * * * * * * * “(26 U.S.C.1952 ed., Sec. 23.) “Treasury Regulations 111, promulgated under the Internal Revenue Code of 1939: “Sec. 29.23 (e)~l. Losses by Individuals. — Losses sustained by individual citizens or residents of the United States and not compensated for by insurance or otherwise are fully deductible if (a) incurred in the taxpayer’s trade or business, or (b) incurred in any transaction entered into for profit, * * * “In general, losses for which an amount may be deducted from gross income must be evidenced by closed and completed transactions, fixed by identifiable events, bona fide and actually sustained during the taxable period for which allowed. Substance and not mere form will govern in determining deductible losses. * ■* *»”
3 later decisions 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.