Weil v. Commissioner’s Empirical Analysis

Citation profile

15 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(T)he corporation may be treated as collapsible if `manufacture, construction, or production' was a principal corporate activity even if the `view to' collapse was not the principal corporate objective when the corporation was `formed or availed of * * *'.”

   2 later decisions quote this exact passage · from the majority
   e.g. Max Mintz and Hilda Mintz v. Commissioner of Internal Revenue, Louis Mintz and Maybelle Mintz v. Commissioner of Internal Revenue, Morris Mintz and Evelyn Mintz v. Commissioner of Internal Revenue · Mintz v. Commissioner

2. “(m) Collapsible Corporations.— (1) Treatment op gain to shareholders. — 'Gain from the sale or exchange (whether In liquidation or otherwise) of stock of a collapsible corporation, to the extent that it would be considered (but for the provisions of this subsection) as gain from the sale or exchange of a capital asset held for more than 6 months, shall, except as provided in paragraph (3), be considered as gain from the sale or exchange of property which Is not a capital asset. (2) Definitions.— (A)For the purposes of this subsection, the term “collapsible corporation” means a corporation formed or availed of principally for the manufacture, construction, or production of property, for the purchase of property -which (in the hands of the corporation) is property described in subsection (a)(1)(A), or for the holding of stock in a corporation so formed or availed of, with a view to— (i) the sale or exchange of stock by its shareholders (whether in liquidation or otherwise), or a distribution to its shareholders, prior to the realization by the corporation manufacturing, constructing, producing, or purchasing the property of a substantial part of the net income to be derived from such property, and (ii) the realization by such shareholders of gain attributable to such property. ******* (3) Limitations on application of subsection. — In the case of gain realized by a shareholder upon his stock in a collapsible corporation.— (A) this subsection shall not apply unless, at any time ”

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