New Colonial Ice Co. v. Helvering’s Empirical Analysis

Citation profile

1,270 federal appellate · 114 district · 120 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 5,631 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a taxpayer seeking a deduction must be able to point to an applicable statute and show that he comes within its terms.”

   88 later decisions quote this exact passage · from the majority
   e.g. White v. United States · Deputy v. du Pont

2. ““See. 23. Deductions from Gross Income “In computing net income there shall be allowed as deductions: “(a) Expenses. All the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including a reasonable allowance for salaries or other compensation for personal services actually rendered; * * * and rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken or is not taking title or in which he has no equity. * * * * * “(m) Depletion. In the case of mines, oil and gas wells, other natural deposits, and timber, a reasonable allowance for depletion and for depreciation of improvements, according to the peculiar conditions in each case; such reasonable allowance in all eases to be made under rules and regulations to be prescribed by the Commissioner, with the approval of the Secretary. * * * In the case of leases the deductions shall be equitably apportioned between the lessor and lessee. * * * ” “Sec. 114. Basis for Depreciation and Depletion * * * * * “(b) Basis for depletion. • * * * * “(3) Percentage depletion for oil and gas wells. In the case of oil and gas wells the allowance for depletion under section 23 (m) shall be 27% per centum * * * during the taxable year, excluding from such gross income an amount equal to any rents or royalties paid or incurred by the taxpayer in respect of the property”

   1 later decision quote this exact passage · from the majority
   e.g. Quintana Petroleum Co. v. Commissioner

3. “⅛ * » Besides, the matter of importance here, as will be shown presently, is not continuity of business alone but of ownership and tax liability as well. Had the transfer from one company to the other been effected by an unconditional sale for cash, there would have been continuity of business, but not ownership or tax liability.”

   1 later decision quote this exact passage · from the majority
   e.g. Estate of Russell v. Commissioner