Jordan Marsh Co. v. Commissioner’s Empirical Analysis
269 F.2d 453 · 1959
Citation profile
11 federal appellate · 1 state decisions
How this case has been cited
Cited by 32 later decisions — most recently June 2013 · most notably Starker v. United States (1979), Southern Pacific Transp. Co. v. Commissioner (1980)
11 federal appellate · 1 state decisions
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 McGee v. Ekberg · Portland Oil Co. v. Commissioner · Century Electric Co. v. Commissioner · Trenton Cotton Oil Co. 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Nonrecognition of gain or loss from exchanges solely in kind. —No gain or loss shall be recognized if property held for productive use in trade or business or for investment (not including stock in trade or other property held primarily for sale, nor stocks, bonds, notes, choses in action, certificates of trust or beneficial interest, or other securities or evidences of indebtedness or interest) is exchanged solely for property of a like kind to be held either for productive use in trade or business or for investment.”
4 later decisions quote this exact passage · from the majority“[I]f the taxpayer's money is still tied up in the same kind of property as that in which it was originally invested, he is not allowed to compute and deduct his theoretical loss on the exchange, nor is he charged with a tax upon his theoretical profit.”
4 later decisions quote this exact passage · from the majority“Congress was primarily concerned with the inequity, in the case of an exchange, of forcing a taxpayer to recognize a paper gain which was still tied up in a continuing investment of the same sort.”
3 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.