McConkey v. United States’s Empirical Analysis
1955
Citation profile
3 federal appellate ·
Relationships
Applies 26 U.S.C. § 117
Relies on Higgins v. Commissioner · Georgia v. Wenger · Haas v. Palace Hotel Co. · Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal Revenue · Mauldin v. Commissioner
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““§ 117. Capital gains and losses (a) Definitions. “As used in this chapter— “(1) Capital assets. “The term ‘capital assets’ means property held by the taxpayer (whether or not connected with Ms trade or business), but does not include — “(A) stock in trade of the taxpayer or other property of a kind -which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business; * * *” [26 U.S.C. (1952 ed.) § 117.]”
2 later decisions quote this exact passage“[A] few tests have been thought to be helpful, such as the purpose for which the property was acquired, the motive for selling it, the taxpayer’s, method of selling the land, his income from the sale of it compared with his other income, the extent of the improvements made to facilitate the sale of it, the frequency and continuity of sales, and the time and effort expended' by taxpayer in promoting the sales, in relation to his other activities.”
2 later decisions quote this exact passage“primarily for sale to customers in the ordinary course of (their) trade or business”
1 later decision quote this exact passage
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.