Cole v. Usry’s Empirical Analysis
294 F.2d 426 · 1961
Citation profile
22 federal appellate ·
How this case has been cited
Cited by 29 later decisions — most recently September 2016 · most notably United States v. Ada Belle Winthrop, Individually and as Under the Will of Guy L. Winthrop, Deceased (1969), Biedenharn Realty Co. v. United States (1976)
22 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
Applies 26 U.S.C. § 117 · 26 U.S.C. § 1221 · 26 U.S.C. § 1237
Relies on Commissioner of Internal Revenue v. Duberstein D Stanton · Myers v. Reading Co. · United States v. Kaiser · Nathan D. Goldberg and S. E. Wood, Jr. v. Commissioner of Internal Revenue · Kaltreider 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in and of themselves * * * have no independent significance, but only form part of a situation which in the individual case must be considered in its entirety to determine whether or not the property involved was held primarily for sale in the ordinary course of business (source cited).”
2 later decisions quote this exact passage · from the majority““ * * * Considering the case in its entirety, it seems clear to us that the controlling facts are so extreme as to make it utterly unreasonable to hold that the property here involved was held by the taxpayers primarily for sale to their customers in the ordinary course of their trade or business. Unless every jury verdict in cases of this kind is to be upheld, this one should be set aside and judgment for the plaintiffs should be entered notwithstanding the verdict. It is accordingly so ordered.””
1 later decision quote this exact passage · from the majority“Essential as they are in the adjudication of cases, we must take guard lest we be so carried away by the proliferation of tests that we forget that the statute excludes from capital assets `property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business.' 26 U.S.C.A. § 1221. * * *”
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.