Pool v. Commissioner’s Empirical Analysis
1957
Citation profile
31 federal appellate · 3 district ·
How this case has been cited
Cited by 65 later decisions — most recently January 2016 · most notably Clark v. Commissioner (1959), Factor v. Commissioner (1960)
31 federal appellate · 3 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. § 117 · 26 U.S.C. § 22
Relies on Burnet v. Harmel · Corn Products Refining Company v. Commissioner of Internal Revenue · Higgins v. Commissioner · Walling US v. General Industries Co · Lykes v. United States
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * But the capital-asset provision of § 117 must not be so broadly applied as to defeat rather than further the purpose of Congress. Burnet v. Harmel, 287 U.S. 103 , 108, 53 S.Ct. 74, 77 L.Ed. 199. Congress intended that profits and losses arising from the everyday operation of a business be considered as ordinary income or loss rather than capital gain or loss. The preferential treatment provided by § 117 applies to transactions in property which are not the normal source of business income. It was intended to `relieve the taxpayer from * * * excessive tax burdens on gains resulting from a conversion of capital investments, and to remove the deterrent effect of those burdens on such conversions.' Burnet v. Harmel, 287 U.S. at page 106, 53 S.Ct. at page 75. Since this section is an exception from the normal tax requirements of the Internal Revenue Code, the definition of a capital asset must be narrowly applied and its exclusions interpreted broadly. This is necessary to effectuate the basic congressional purpose. This Court has always construed narrowly the term `capital assets' in § 117. See Hort v. Commissioner, 313 U.S. 28 , 31, 61 S.Ct. 757, 758, 85 L.Ed. 1168; Kieselbach v. Commissioner, 317 U.S. 399 , 403, 63 S.Ct. 303, 305, 87 L.Ed. 358”
3 later decisions quote this exact passage · from the majority“The excellence of our jurisprudence is its flexibility. In applying general statutory language to particular situations, courts best conform to the tradition of growth of our system when they adapt realistically general principles to different or constantly changing situations.”
2 later decisions quote this exact passage · from the majority“for sale to customers in the ordinary course of business and not for investment. It is well established that the issue is factual. Many factors have been used by the courts as guides in ascertaining the”
2 later decisions 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.