In Re Manfred’s Empirical Analysis

Citation profile

1 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(g) Estate succeeds to tax attributes of debtor. The estate shall succeed to and take into account the following items ... of the debtor— (1) Net operating loss carryovers. The net operating loss carryovers determined under section 172. (2) Charitable contributions carryovers. The carryover of excess charitable contributions determined under section 170(d)(1). (3) Recovery of tax benefit items. Any amount to which section 111 ... applies. (4) Credit carryovers, etc. The carryovers of any credit, and all other items which, but for the commencement of the case, would be required to be taken into account by the debtor with respect to any credit. (5) Capital loss carryovers. The capital loss carryover determined under section 1212. (6) Basis, holding period, and character of assets. In the case of any asset acquired ... by the estate from the debtor, the basis, holding period, and character it had in the hands of the debtor. (7) Method of accounting. The method of accounting used by the debtor. (8) Other attributes. Other tax attributes of the debtor, to the extent provided in regulations prescribed by the Secretary as necessary or appropriate to cany out the purposes of this section.”

   1 later decision quote this exact passage
   e.g. In Re Winch

2. “Moreover, there were not any regulations prescribed by the Secretary in accord with § 1398(g)(8) to include other tax attributes like the § 121 election to be taken by the bankruptcy estate. It is not the function of this Court to enact regulations providing for this § 121 election to be taken by the estate. This function is embodied in the role of Congress or the Secretary to allow for the § 121 election to be taken by the estate. Absent specific authority by the Code to enable a Trustee to utilize such election, this Court clearly cannot permit such an election to be taken.”

   1 later decision quote this exact passage
   e.g. In Re Barden

3. “Except as otherwise provided in this section, the taxable income of the estate shall be computed in the same manner as for an individual. The tax shall be computed on such taxable income and shall be paid by the Trustee.”

   1 later decision quote this exact passage
   e.g. Johnson v. Internal Revenue Service (In Re Williams)