Lazier v. United States’s Empirical Analysis

Citation profile

29 federal appellate · 2 state decisions

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

1. ““1. In applying Section 122 of the Internal Revenue Code, as effective in 1941 to 1943, a -net operating loss to be available for carry-over or carry-back purposes must be one sustained as an incident to the ordinary and normal course of a trade or business regularly carried on by the taxpayer. “2. The interpretation of the Commissioner is that an isolated transaction involving the sale of building and' land," formerly necessary incidents to an operating business, cannot be included within the statutory section allowing net loss carry-over or carry-back for the reason that such sale for the purpose of terminating the manufacturing activity cannot reasonably be construed to come within the category of a transaction incurred in the ordinary and normal course of a trade or- business regularly carried on by the taxpayer. This interpretation is con7 sistent with the language and intent of the statutory section. “3. The plaintiff not being in the business of selling land and buildings cannot carry-back his loss sustained in 1943 and charge the same against the net operating profit derived in 1941.””

   2 later decisions quote this exact passage · from the majority
   e.g. Goble v. Commissioner · 111 F. Supp. 314 - Chicago Title & Trust Co. v. United States

2. “Congress was concerned with “net operating losses” sustained in the normal operation of a business regularly carried on by a taxpayer and was not concerned with losses attributable to the total or partial liquidation of the physical properties used in the conduct of the business. See Mertens, Law of Federal Income Taxation, Vol. 5, page 318, § 29.05. * * *”

   2 later decisions quote this exact passage · from the majority
   e.g. CLuck v. Commissioner · Corey v. Commissioner

3. ““Deductions otherwise allowed by law not attributable to the operation of a trade or business regularly carried on by the taxpayer shall (in the case of a taxpayer other than a corporation) be allowed only to the extent of the amount of the gross income not derived from such trade or business. * * * ””

   2 later decisions quote this exact passage · from the majority
   e.g. Agran v. Shapiro · 111 F. Supp. 314 - Chicago Title & Trust Co. v. United States