Perry v. Commissioner’s Empirical Analysis
1954
Citation profile
2 federal appellate ·
How this case has been cited
Cited by 70 later decisions — most recently July 2012 · most notably Factor v. Commissioner (1960), Dustin v. Commissioner (1969)
2 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 Camp Wolters Enterprises v. Commissioner · Edwards v. Commissioner · A. Finkenberg's Sons, Inc. v. Commissioner · New York Water Service Corp. v. Commissioner · Redman v. Commissioner of Internal Revenue
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Mere nonpayment of a debt does not prove its worthlessness and petitioners' failure to take reasonable steps to enforce collection of the debt, despite their motive for such failure, does not justify a bad debt deduction unless there is proof that those steps would be futile. New York Water Service Corporation, 12 T.C. 780 ; Thom v. Burnet, (C.A., D.C. Cir.) 55 Fed. (2d) 1039 ; George F. Thompson, 6 T.C. 285 , affirmed per curiam (C.A. 2) 161 Fed. (2d) 185 ; A. Finkenberg's Sons, Inc., 17 T.C. 973 ; H. D. Lee Mercantile Co. v. Commissioner, (C.A. 10) 79 Fed. (2d) 391, 393 . As we have shown, the corporation had assets from which the $20,000 debt could have been satisfied. The fact that its capital was impaired is, by itself, of no moment. See James M. Hawkins, 20 T.C. 1069 . In short, where, as here, the debtor corporation was solvent, in the sense that its assets exceeded its liabilities exclusive of proprietorship, no bad debt deduction is allowable. Mills Bennett, supra, [ 20 B.T.A. 171 ]; Irving L. Ernst, 18 B.T.A. 928 ; First National Bank of Los Angeles et al. 6 B.T.A. 850 .”
1 later decision quote this exact passagee.g. Rope v. Commissioner
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.