Burnet v. Niagara Falls Brewing Co.’s Empirical Analysis

Citation profile

100 federal appellate · 14 district · 7 state decisions

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

1. “* * * Neither the cost of obsolescence nor of accruing exhaustion, wear and tear that is properly chargeable in any period of time can be measured accurately. A reasonable approximation of the amount that fairly may be included in the accounts of any year is all that is required.”

   8 later decisions quote this exact passage · from the majority
   e.g. Chesapeake & O. R. Co. v. Commissioner · Buffalo Union Furnace Co. v. Commissioner

2. “Sec. 1.167(a)-l. Depreciation in general. (a) Reasonable allowance. Section 167(a) provides that a reasonable allowance for the exhaustion, wear and tear, and obsolescence of property used in the trade or business or of property held by the taxpayer for the production of income shall be allowed as a depreciation deduction. The allowance is that amount which should be set aside for the taxable year in accordance with a reasonably consistent plan (not necessarily at a uniform rate), so that the aggregate of the amounts set aside, plus the salvage value, will, at the end of the estimated useful life of the depreciable property, equal the cost or other basis of the property as provided in section 167(g) and § 1.167(g)-1. ****** (b) Useful life. For the purpose of section 167 the estimated useful life of an asset is not necessarily the useful life inherent in the asset but is the period over which the asset may reasonably be expected to be useful to the taxpayer in his trade or business or in the production of his income. This period shall be determined by reference to his experience with similar property taking into account present conditions and probable future developments. Some of the factors to be considered in determining this period are (1) wear and tear and decay or decline from natural causes, (2) the normal progress of the art, economic changes, inventions, and current developments within the industry and the taxpayer’s trade or business, (3) the climatic and other local”

   1 later decision quote this exact passage · from the majority
   e.g. Burlington Northern Inc. v. United States

3. “* * * The word [obsolescence] is much used, and its meaning depends upon and varies with the connections in which it is employed. It has been said to be “ the condition or process by which units gradually cease to be useful or profitable as a part of the property, on account of changed conditions.” Obsolescence is not necessarily confined to particular elements or parts of a plant, the whole may become obsolete. Obsolescence may arise as the result of laws regulating or forbidding the particular use of the property as well as from changes in the art, the shifting of business centers, loss of trade, inadequacy, or other causes.”

   1 later decision quote this exact passage · from the majority
   e.g. Rodeo-Vallejo Ferry Co. v. Commissioner