Moore v. Commissioner’s Empirical Analysis
1950
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 24 later decisions — most recently November 2009
5 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
Relies on Detroit Edison Co. v. Commissioner · Lofland v. Fox · Peters v. Commissioner · Currier v. Commissioner · Friend 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The basis of inherited property is accordingly not cost * * * and to say that a property cost the taxpayer nothing makes no contribution to the solution of the present question. As opposed to cost, the basis of property acquired by devise is categorically fixed by statute as fair market value on the date of acquisition. Internal Revenue Code, sec. 113(a) (5) [now § 1014(a)]. Hence, if we can discover the fair market value of the property in question at the date of decedent's death, Augustus v. Commissioner (C.C.A., 6th Cir.), 118 Fed. (2d) 88 [38] (or the figure at which it was returned for estate tax purposes, which is recognized as the equivalent, Regulations 103, sec. 19.113(a) (5)) the upshot would ordinarily be its basis for depreciation in petitioner's hands, without any reference to its `cost'. Having acquired a basis by the incidence of the estate tax, the gradually disappearing value of a wasting asset can not be replaced except by periodic depreciation adjustments.”
1 later decision quote this exact passage“the mere fact that the property was advantageously rented at the date of the death of the decedent does not in our opinion give rise to any claim for an allowance for exhaustion.”
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.