Foster v. Flemming’s Empirical Analysis
1960
Citation profile
9 federal appellate · 6 district ·
Relationships
Applies 26 U.S.C. § 1402 · 42 U.S.C. § 401 (§ 201 of the Social Security Act of 1935) · 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 411 (§ 211 of the Social Security Act of 1935) · 5 U.S.C. § 1001 · 5 U.S.C. § 1009
Relies on Universal Camera Corp. v. National Labor Relations Board · O'Leary v. Brown-Pacific-Maxon, Inc. · Social Security Board v. Nierotko · Aetna Life Insurance v. Texas Gulf Sulphur Co. · Goldman v. Folsom
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under this amendment it is contemplated that the owner or tenant of land which is used in connection with the production of agricultural or horticultural commodities must participate to a material degree in the management decisions or physical work relating to such production in order for the income derived therefrom to be classified as ‘net earnings from self-employment.’ The committee is of the opinion that in any case in which the owner or tenant establishes the fact that he periodically advises or consults with such other individual as to the production of the commodities and also establishes the fact that he periodically inspects the production activities on the land he will have presented strong evidence of the existence of the degree of participation contemplated by the amendment. “If the owner or tenant also establishes the fact that he furnishes a substantial portion of the machinery, implements, and livestock used in the production of the commodities or that he furnishes, or advances, or assumes financial responsibility for, a substantial part of the expense (other than labor expense) involved in the production of the commodities, the committee feels that he will have established the existence of the degree of participation contemplated by the amendment.” (Emphasis supplied.)”
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.