Busch's Kredit Jewelry Co. v. Commissioner’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the case of any taxpayer computing income from installment sales under the method provided by section 44(a), * * * it may elect, in its return for the taxable year, for the purposes of the tax imposed by this subchapter [26 U.S.C.A.Int.Rev. Code, §§ 710-784], to compute, in accordance with regulations prescribed by the Commissioner with the approval of the Secretary, its income from installment sales on the basis of the taxable period for which such income is accrued, in lieu of the basis provided by section 44(a). Except as hereinafter provided, such election shall be irrevocable when once made and shall apply also to all subsequent taxable years, and the income from installment sales for each taxable year before the first year with respect to which the election is made but beginning after December 31, 1939, shall be adjusted for the purposes of this subchapter to conform to such election. In making such adjustments, no amount shall be included in computing excess profits net income for any excess profits tax taxable year on account of installment sales made in taxable years beginning before January 1, 1940. * * *”

   1 later decision quote this exact passage · from the majority
   e.g. John Breuner Co. v. Commissioner

2. “Sec. 35.736(a)-2. * * * If the taxpayer uses the excess profits credit based on invested capital pursuant to section 714 [26 U.S.C.A.Int.Rev.Code, § 714], the determination of accumulated earnings and profits shall be made without regard to any adjustment resulting from election made under section 736(a) and this section, except as such election is reflected in the amount of income tax or excess profits tax payable for taxable years beginning after December 31, 1939. * * *”

   1 later decision quote this exact passage · from the majority
   e.g. John Breuner Co. v. Commissioner

3. “Sec. 35.718-2. * * * In general, the concept of `accumulated earnings and profits' for the purpose of the excess profits tax is the same as for the purpose of the income tax. * * *”

   1 later decision quote this exact passage · from the majority
   e.g. John Breuner Co. v. Commissioner