Raybestos-Manhattan, Inc. v. United States’s Empirical Analysis

Citation profile

173 federal appellate · 15 district · 9 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 294 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * In the present case the generating source of the right to receive the newly issued shares of petitioner was the conveyance to it of the property of each of the corporations to be consolidated. The new shares could not lawfully be issued to any other than the grantor corporation without its authority, and that authority could not be exercised for the benefit of third persons other than its own assenting stockholders. The consolidation agreement thus imposed the duty on petitioner to issue the new shares upon receipt of the property, and at the same time made disposition to the stockholders of the two corporations of the correlative right to receive the stock. [ 296 U.S. at 63 , 56 S.Ct. at 65 ; emphasis added.]”

   3 later decisions quote this exact passage · from the majority
   e.g. McLaughlin v. Coos Bay Lumber Co. · Union Oil Co. of California v. United States

2. ““3. Capital stock [and similar interests], sales or transfers: On all sales, or agreements to sell, or memoranda of sales or deliveries of, or transfers of legal title to any of the shares or certificates mentioned or described in subdivision 2, or to rights to subscribe for or to receive such shares or certificates, whether made upon or shown by the books of the corporation or other organization, or by any assignment in blank, or by any delivery, or by any paper or agreement or memorandum or other evidence of transfer or sale [whether entitling the holder in any manner to the benefit of such share, certificate, interest, or rights, or not], on each $100 of par or face value or fraction thereof of the certificates of such corporation or other organization [or of the shares where no certificates were issued] 4 cents, and where such shares or certificates are without par or face value, the tax shall be 4 cents on the transfer or sale or agreement to sell on each share [corporation share, or investment trust or other organization share, as the case may be] * U.S.O.A. Int. Rev.Acts, page 290. [The rate has varied, but in 1937 it was 4 cents].”

   1 later decision quote this exact passage · from the majority
   e.g. 53 F. Supp. 796 - United States v. Niagara Hudson Power Corporation

3. “Income is not any the less taxable income of the taxpayer because by his command it is paid directly to another in performance of the taxpayer's obligation to that other.”

   1 later decision quote this exact passage · from the majority
   e.g. Carione v. Comm'r