Munson v. McGinnes’s Empirical Analysis
283 F.2d 333 · 1960
Citation profile
32 federal appellate ·
How this case has been cited
Cited by 59 later decisions — most recently January 1988 · most notably Miller v. Commissioner of Internal Revenue (1988), Stanton v. Commissioner (1968)
32 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
Relies on Bingham's Trust v. Commissioner of Internal Revenue · McDonald v. Commissioner · Spreckels v. Helvering · Murphy Oil Co. v. Burnet
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[A] nonbusiness expense related to selling may qualify for a more advantageous deduction from gross income as an ‘ordinary and necessary [expense] * * * for the production of collection of income’ under Section 212 of the 1954 Code. This possibility is suggested and emphasized by the explicit provision of the Regulations promulgated under Section 212 that ‘the term income for the purpose of Section 212 * * * is not confined to recurring income but applies as well to gains from the disposition of property’. C.F.R. 1960, § 1.212-l(b).”
2 later decisions quote this exact passage · from the majority“If the problem is to reach mutually satisfactory or binding terms of sale, the problem is one of disposing of the property, not of collection, and the question of capitalization must be faced.”
2 later decisions quote this exact passage · from the majority““As an additional consideration, we are the more disposed to approve the capitalization of the item in suit because a contrary conclusion would enable a taxpayer to benefit inequitably from the circumstance that ordinary income and capital gains are taxed at different rates. Suppose the amount in excess of cost realized from the sale of a capital item is exactly equal to the expenditures necessary to accomplish the sale and allocable solely to it. If such expense is capitalized the taxpayer’s return will show no capital gain and, for tax purposes, the entire transaction has no effect. This seems fair. But if the taxpayer reports his profit apart from this expense as a capital gain and then deducts the expense from gross income, in which only a part of the capital gain is included, he actually reduces his income tax through a transaction which, in a business sense, has resulted in neither gain nor loss. We think this should not be permitted unless it is plainly required by the tax laws. We have already pointed out that in our view the tax laws may reasonably be construed in a way which avoids such a consequence.” 283 F.2d, at 337 .”
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.