Weiss v. Wiener’s Empirical Analysis
279 U.S. 333 · 1929
Citation profile
303 federal appellate · 21 district · 5 state decisions
How this case has been cited
Cited by 614 later decisions (36 by the Supreme Court) — most recently July 2017 · most notably Burnet v. Harmel (1932), Lucas v. American Code Co. (1930)
303 federal appellate · 21 district · 5 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.
Appellate journey
reviewedWiener v. Weiss (from Sixth Circuit Court of Appeals)
Relationships
Relies on United States v. S S White Dental Mfg Co of Pennsylvania · United States v. Ludey · Lynch v. Alworth-Stephens Co. · Wiener v. Weiss
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 614 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The income tax laws do not profess to embody perfect economic theory. They ignore some things that either a theorist or a business man would take into account in determining the pecuniary condition of the taxpayer. They do not charge for appreciation of property or allow a loss from a fall in market value unless realized in money by a sale. United States v. S. S. White Dental [Mfg.] Co., 274 U.S. 398, 401 , 47 S.Ct. 598 , 71 L.Ed. 1120 . A stockholder does not pay for accumulated profits of his corporation unless he receives a dividend."”
3 later decisions quote this exact passage · from the majority““The diminution in the value of a mine to the lessee is conspicuous, necessary, and intended, and is the very source of the gross income of the lessee from which it is deducted.””
3 later decisions quote this exact passage · from the majority“It does not matter tbat in Ohio, where the properties lie, these long leases are treated as in many respects like conveyances of the fee. The Act of Congress has its own criteria, irrespective of local law, that look to certain rather severe tests of liability and exemption and that do not allow the deductions demanded whatever the lessees may be called. * * *”
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.