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← 29 BTA 256 - Briarly v. Commissioner

Briarly v. Commissioner’s Empirical Analysis

1933

Citation profile

26
cited by 26 later decisions
December 1975
most recently cited

2 federal appellate · 1 district ·

How this case has been cited

Cited by 26 later decisions — most recently December 1975 · most notably Pacific Nat Co v. Welch (1938), Thrift v. Commissioner (1950)

2 federal appellate · 1 district ·

12019331940195019601970decided

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 Florsheim Bros. Drygoods Co. v. United States · Lucas v. Pilliod Lumber Co. · Burnet v. S. & L. Building Corp. · Ellis v. Commissioner · Goldberg v. Commissioner

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

  1. “* * * These provisions bestowed a benefit on taxpayers that had not theretofore had statutory approval. Where benefits are sought by taxpayers, meticulous compliance with all named conditions is required. Lucas v. Pilliod Lumber Co., 281 U. S. 245 . The statute here involved provides that in the case of an installment sale of real estate “the income may * * * be returned” on the installment basis. This, in our opinion, requires both timely and affirmative action on the part of those seeking to take advantage of the benefits conferred . by the statute. As pointed out above, taxpayers voluntarily filing returns and making timely election are bound by their choice. To allow a choice where the taxpayer sits supinely by until by the diligence of the Government it is discovered that a tax is due would put a premium on inertia that certainly is not within the spirit of our system of taxation. If any class of taxpayers is entitled to claim a preference, it consists of those who have complied with the statute.”
    2 later decisions quote this exact passage

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.