Pinellas Ice & Cold Storage Co. v. Commissioner’s Empirical Analysis

Citation profile

304 federal appellate · 15 district · 21 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 637 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““§ 112. Recognition of gain or loss “(a) General rule. Upon the sale or exchange of property the entire amount of the gain or loss determined under section 111, shall be recognized, except as hereinafter provided in this section. “(b) Exchanges solely in kind— * * “(3) Stock for Stock on Reorganization. “No gain or loss shall be recognized if stock or securities in a corporation a party to a reorganization are, in pursuance of the plan of reorganization, exchanged solely for stock or securities in such corporation or in another corporation a party to the reorganization. * * a= “(c) Gain from exchanges not solely in kind— “(1) If an exchange would be within the provisions of subsection (b) (1), (2), (3), or (5) of this section if it were not for the fact that the property received in exchange consists not only of property permitted by such paragraph to be received without the recognition of gain, but also of other property or money, then the gain, if any, to the recipient shall be recognized, but in an amount not in excess of the sum of such money and the fair market value of such other property. “(2) If a distribution made in pursuance of a plan of reorganization is within the provisions of paragraph (1) of this subsection but has the effect of the distribution of a taxable dividend, then there shall be taxed as a dividend to each distributee such an amount of the gain recognized under paragraph (1) as is not in excess of his ratable share of the undistributed earnings and pr”

   24 later decisions quote this exact passage · from the majority
   e.g. Wells Fargo Bank & Union Trust Co. v. United States · Chapman v. Commissioner

2. ““The term ‘reorganization’ means (A) a merger or consolidation (including the acquisition by one corporation of at least a majority of the voting stock and at least a majority of the total number of shares of all other classes of stock of another corporation, or substantially all the properties of another corporation).” The new company acquired all the properties of the old. But one question remains, Did the transaction smack enough of a “merger or consolidation” that it can fairly be said to fall within the parenthetical phrase?”

   23 later decisions quote this exact passage · from the majority
   e.g. Helvering v. Alabama Asphaltic Limestone Co. · Paulsen v. Commissioner

3. ““No gain or loss shall be recognized if stock or securities in a corporation a party to a reorganization are, in pursuance of the plan of reorganization, exchanged solely for stock or securities in such corporation or in another corporation a party to the reorganization.””

   9 later decisions quote this exact passage · from the majority
   e.g. C. H. Mead Coal Co. v. Commissioner of Internal Revenue · Helvering v. Winston Bros.