Merriman H. Holtz and Helene Tyroll Holtz v. Commissioner of Internal Revenue’s Empirical Analysis
1958
Citation profile
20 federal appellate ·
How this case has been cited
Cited by 39 later decisions — most recently August 1989 · most notably Millsap v. Commissioner (1966), Herald A. O'Neill and G. Evelyn O'neill, His Wife v. Commissioner of Internal Revenue (1959)
20 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
Applies 26 U.S.C. § 23
Relies on Higgins v. Commissioner · Putnam v. Commissioner · Burnet v. Clark · Commissioner v. Smith · Maloney v. Spencer
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where the former is the situation, it is hornbook law, and not contested by petitioner, that the corporate entity is the primary debtor and stockholder loans to protect his investment or increase its value do not create a separate business for 'the stockholders. As the Fifth Circuit recently said in distinguishing the Giblin case, supra, ‘Petitioner was not engaged in the business of dealing in enterprises.’ Pokress v. C. I. R., 5 Cir., 1956, 234 F.2d 146 , 150 note 12. Nor did the Tax Court, nor do we, find him so engaged here. The finding of the Tax Court is binding upon us unless clearly erroneous. Here, it is not.””
4 later decisions quote this exact passage · from the majority“was regularly engaged in the business of seeking out business opportunities, promoting, organizing and financing them, contributing to them substantially 50% of his time and energy and then disposing of them either at a profit 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.