Wheeler v. United States’s Empirical Analysis
116 F.3d 749 · 1997
Citation profile
14 federal appellate ·
How this case has been cited
Cited by 30 later decisions — most recently June 2018 · most notably Kimbell v. United States (2004), Estate of Thompson v. Commissioner (2004)
14 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. § 2035 · 26 U.S.C. § 2036 · 26 U.S.C. § 2043 · 26 U.S.C. § 2056 · 26 U.S.C. § 2701 · 26 U.S.C. § 2702
Relies on Sanford's Estate v. Commissioner of Internal Revenue · United States v. Wells · Commissioner v. Wemyss · City of Santa Ana v. Hernandez · Merrill v. Fahs
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[U]nless a transfer that depletes the transferor's estate is joined with a transfer that augments the estate by a commensurate (monetary) amount, there is no `adequate and full consideration' for the purposes of either the estate or gift tax.”
5 later decisions quote this exact passage · from the majority“If the taxpayer sells a remainder interest for its actuarial value as calculated under the Treasury Regulations, but retains a life estate, the value of the full fee interest in the underlying property will be included in his gross estate and the transferor will incur substantial es tate tax liability under section 2036(a). If the taxpayer chooses instead to follow Gradoio, and is somehow able to find a willing purchaser of his remainder interest for the full fee-simple value of the underlying property, he will in fact avoid estate tax liability.... The purchaser, however, having paid the fee-simple value for the remainder interest in the estate, will have paid more for the interest than it was worth. As the “adequate and full consideration” for a remainder interest under section 2512(b) is its actuarial value, the purchaser will have made a gift of the amount paid in excess of its actuarial value, thereby incurring gift tax liability. Surely ... “this carries] a good joke too far.””
2 later decisions quote this exact passage · from the majority“Unless and until the Congress declares that intrafamily transfers are to be treated differently... we must rely on the objective criteria set forth in the statute and Treasury Regulations to determine whether a sale comes within the ambit of the exception to section 2036(a).”
2 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.