Wall v. United States’s Empirical Analysis

Citation profile

79 federal appellate · 6 district ·

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

1. “[t]he transaction is regarded as the same as if the money had been paid to the taxpayer and transmitted by him to the creditor; and so if a corporation, instead of paying a dividend to a stockholder, pays a debt for him out of its surplus, it is the same for tax purposes as if the corporation pays a dividend to a stockholder, and the stockholder then utilizes it to pay his debt.”

   14 later decisions quote this exact passage · from the majority
   e.g. Ferro v. Commissioner · Jewell v. United States

2. “* * * when they were acquired by the corporation, they ceased to have any present significance or vitality. In the words of the statute the distribution and redemption were essentially equivalent to the distribution of a taxable dividend. If it should be held that taxpayers can avoid the terms of the statute by the simple device of selling their stock to the corporation and having it held as treasury stock, the purpose of the statute to prevent the evasion of taxes upon corporate dividends would be completely frustrated. See Robinson v. Commissioner of Internal Revenue, 5 Cir., 69 F.2d 972; cf. Alpers v. Commissioner of Internal Revenue, 2 Cir., 126 F.2d 58; Kirschenbaum v. Commissioner of Internal Revenue, 2 Cir., 155 F.2d 23 [170 A.L.R. 1389].”

   2 later decisions quote this exact passage · from the majority
   e.g. Wilson v. United States · Boyle v. Commissioner

3. ““Sec. 29.115-9. Distribution in redemption or cancellation of stock taxable as a dividend. — If a corporation cancels or redeems its stock (whether or not such stock was issued as a stock dividend) at such time and in such manner as to make the distribution and cancellation or redemption in whole or in part essentially equivalent to the distribution of a taxable dividend, the amount so distributed in redemption or cancellation of the stock, to the extent that it represents a distribution of earnings or profits accumulated after February 28, 1913, shall be treated as a taxable dividend. “The question whether a distribution in connection with a cancellation or redemption of stock is essentially equivalent to the distribution of a taxable dividend depends upon the circumstances of each ease. A cancellation or redemption by a corporation of a portion of its stock pro rata among all the shareholders will generally be considered as effecting a distribution essentially equivalent to a dividend distribution to the extent of the earnings and profits accumulated after February 28, 1913. On the other hand; a cancellation or redemption by a corporation of all of the stock of a particular shareholder, so that the shareholder ceases to be interested in tbe affairs of the corporation, does not effect a distribution of a taxable dividend. A bona fide distribution in complete cancellation or redemption of all of the stock of a corporation, or one of a series of bona fide distributions in comp”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. United States