United States v. Collins’s Empirical Analysis

Citation profile

19 federal appellate · 2 district ·

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

1. “Section 304 was enacted in the 1954 Code to close loopholes in the tax laws deriving from transactions involving “brother-sister corporations.” This involves situations where one or more individuals are in effective control of each of two corporations, and one of the corporations acquires stock of the other corporation.”

   4 later decisions quote this exact passage · from the majority
   e.g. Caamano v. Commissioner · Bhada v. Commissioner, Internal Revenue Service

2. ““Plaintiffs urge the court that Congress sought merely to prevent those distributions which reduced corporate assets from escaping dividend equivalence liability; that since Tylon received assets it did not previously own, viz., stock in New Jersey Turner Hall, in return for the cash payments made to plaintiffs and others, no corporate assets of Tylon were depleted. However, to subscribe to these contentions would serve to frustrate the corporate tax policy exemplified by the inclusion of Section 304 in the 1954 Internal Revenue Code and to impute to Congress a limited purpose therein unwarranted by the terms of the Code or its legislative background.” Radnitz v. United States, supra 187 F.Supp. at p. 959 ; quoted with approval in United States v. Collins, supra, 300 F.2d at 824 .”

   2 later decisions quote this exact passage · from the majority
   e.g. Kerr v. Commissioner · Thomas Kerr and Barbara Kerr v. Commissioner of Internal Revenue

3. ““ ‘[W]e believe that the indispensable first step in making this determination [of dividend equivalency] is whether the redemption of stock has caused a meaningful change in the position of the shareholder with relation to his corporation and the other shareholders. # * * * “ ‘The determination that a distribution in redemption has worked an essentially pro rata distribution and produced no material or significant shift in the corporate-shareholder relationship does not, of course, terminate inquiry into whether the transaction which produced these results was or was not essentially equivalent to a dividend. We simply say that in the hierarchy of criteria which may be adduced as evidentiary of this ultimate conclusion these factors must be accorded a preeminent position. . And, where they are present, the record must contain conspicuously countervailing considerations to dispel the aura of dividend equivalence which their presence irresistibly impels.’ ” United States v. Collins, supra, 300 F.2d at 826 (Quoting Bradbury v. Commissioner of Internal Revenue, supra, 298 F.2d at 116, 117 .)”

   1 later decision quote this exact passage · from the majority
   e.g. Wiseman v. United States