Eubank v. Commissioner’s Empirical Analysis

Citation profile

3 federal appellate ·

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the case at bar the petitioner owned a right to receive money for past services; no further services were required. Such a right, is assignable. At the time of assignment there was nothing contingent in the petitioner’s right, although the amount collectible in future years was still uncertain and contingent. But this may be equally true where the assignment transfers a right to income from investments, as in Blair v. Commissioner, 300 U. S. 5 , and Horst v. Commissioner, 107 F. 2d 906 (C. C. A. 2), or a right to patent royalties, as in Nelson v. Ferguson, 56 F. 2d 121 (C. C. A. 3), certiorari denied, 286 U. S. 565 . By an assignment of future earnings- a taxpayer may not escape taxation upon his compensation in the year when he earns it. But when a taxpayer who makes his income tax. return on a cash basis assigns a right to money payable in the future for work already performed, we believe that he transfers a property right, and the money, when received by the assignee, is not income taxable to the assignor.””

   1 later decision quote this exact passage · from the majority
   e.g. Helvering v. Eubank