Masser v. Commissioner’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. ““In Masser the taxpayer owned a freight terminal and eight vacant lots directly across the street which were used for storing his semitrailers when not in use. Because of the shortage of loading docks at the freight terminal, it was necessary to move the semi-trailers frequently between the parking lots and the freight terminal in order to transfer the contents to delivery trucks. The availability of parking space adjacent to the freight terminal was a substantial determinant of profit in the business. The parking lots were sold to the city under threat of condemnation, and the taxpayer, being unable to secure adequate replacement lots, sold the terminal to a laundry. The proceeds of the sale, together with the compensation paid by the city, were expended for a similar terminal and parking facilities suitable for taxpayer’s business operation. The Tax Court permitted involuntary conversion treatment of the proceeds of sale of the terminal, as well as the proceeds from the sale of threatened lots. It cited the inadequacy of the available lots for use in the taxpayer’s business; noted (746) that the properties were ‘practically adjacent to each other;’ and found that they ‘were acquired for the purpose of being used and were used * * * as an economic unit.’ ””

   2 later decisions quote this exact passage
   e.g. Creative Solutions, Inc. v. United States · Smith v. Commissioner