Smyth v. Sullivan’s Empirical Analysis
227 F.2d 12 · 1955
Citation profile
4 federal appellate · 1 district ·
How this case has been cited
Cited by 11 later decisions — most recently March 1991
4 federal appellate · 1 district ·
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
Applies 26 U.S.C. § 111 · 26 U.S.C. § 113 · 26 U.S.C. § 22
Relies on Commissioner of Internal Revenue v. Heininger · Dobson v. Commissioner · Burnet v. Sanford & Brooks Co. · Sloane v. Commissioner
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the Dobson case, the Supreme Court made it clear that it was ‘not adopting any rule of tax benefits’, but was holding only that ‘no statute or regulation having the force of one and no principle of law compels the Tax Court to find taxable income in a transaction where as matter of fact it found no economic gain and no use of the transaction to gain tax benefit.’ 320 U.S. 506 , 64 S.Ct. 249 , 88 L.Ed. 248 . Here, the tax court pointed out that one certain requirement for invoking the tax benefit rule is that there be such an interrelationship between the event which constitutes the loss and the event which constitutes the recovery that they can be considered as parts of one and the same transaction. The tax court stated that in all cases cited by the petitioner as authority for applying the concept that where there is no economic gain there is no taxable income, the factual situations revealed a close integration of events producing the loss and the gain; and that in each instance the property on which the loss was suffered could be traced into the transaction producing the gain. The court was unable to find such interrelationship between the steps which resulted in losses to the petitioner and the events which produced the gain in question as to permit them to be considered one and the same transaction.” 188 F.2d at 262-263 .”
1 later decision quote this exact passage · from the majority“§ 111. Determination of amount of, and recognition of, gain or loss * * * * *”
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.