Emery v. Commissioner’s Empirical Analysis
166 F.2d 27 · 1948
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 15 later decisions — most recently July 1994
9 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 Helvering v. Stockholms Enskilda Bank · Helvering v. New York Trust Co. · Weiss v. Stearn · Le Tulle v. Scofield · Helvering v. Morgan's, Inc.
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We do not believe that the exchange of Detroit bonds provides a controlling parallel. If the test be that the exchange must have ‘something really different from what he theretofore had/ we think a showing that the new bonds brought more in the 'market than the old is as good an indication as we can ask that they were something different. The market differential w'as present in the case at bar; it was not present in the Detroit bond cases. We have here, therefore, an exchange of bonds which were not only legally different, but which actually had a different financial value. Moreover, the difference in yield was not inconsequential. We think this is an exchange on which a gain is recognized under § 112(a), and not merely new evidence of an old obligation.””
2 later decisions quote this exact passage · from the majority“that intention is to be ascertained, not by taking the word or clause in question from its setting and viewing it apart, but by considering it in connection with the context, the general purposes of the statute in which it is found, the occasion and circumstances of its use, and other appropriate tests for the ascertainment of the legislative will.”
1 later decision quote this exact passage · from the majority“Except as otherwise provided, the Act regards as income or as loss sustained, the gain or loss realized from the conversion of property into cash, or from the exchange of property for other property differing materially either in kind or in extent. [Regs. 86, art. 111-1, Revenue Act of 1934; emphasis added.]”
1 later decision quote this exact passage · from the majority
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.