Parkford v. Commissioner’s Empirical Analysis

Citation profile

9 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The situation of the taxpayer would not be different taxwise had the sum owing been seined by a creditor through process of garnishment after it had been earned. The taxpayer obtained the economic benefit of the income through its disbursement to his creditors, although he denies receiving any benefit because, he says, he was entitled to his discharge regardless of whether the creditors received anything. But we think the latter circumstance is immaterial. The net result of petitioner’s argument is that the portion of the fee received by the trustee, although undeniably income to somebody, was legally income to nobody. We conclude that since the income accrued to the taxpayer he must account for it in his return. The taking over of the amount by the trustee for the payment of debts was the final step by which the taxpayer obtained the fruits of the accrual.” (Emphasis added.) The.Court was considering the effect of the claim of a trustee in bankruptcy to. a commission earned by the bankrupt. Hence the statement as to the effect of the garnishment was, in a sense, obiter. But it aptly illustrates a situation in which, although the taxpayer has no actual possession of the income, it nevertheless accrues to him. So the language correctly described a situation such as that confronting us here, and is justly anticipatory of, and spells out, the ruling to be made.”

   3 later decisions quote this exact passage · from the majority
   e.g. Ward v. Commissioner · Dwight A. Ward v. Commissioner of Internal Revenue, Hanna P. Ward v. Commissioner of Internal Revenue

2. “Taxpayer calls attention to no statute granting sucli a deduction; and since it is settled law that deductions are permitted as a matter of grace only, the taxpayer must not only point to an appropriate statute but must bring himself squarely within its terms. * * * Moreover, the taxpayer sustained no loss. His debts appear to have exceeded his assets, and from his debts he was discharged. If he had voluntarily compromised his [debts] with his creditors by an assignment of his assets he could hardly assert a deductible loss. We perceive no reason why he may do so in the present circumstances.”

   1 later decision quote this exact passage · from the majority
   e.g. Martin v. Commissioner