Nat Holt and Blanche Holt, Husband and Wife v. Commissioner of Internal Revenue’s Empirical Analysis
1962
Citation profile
38 federal appellate ·
How this case has been cited
Cited by 68 later decisions — most recently May 2010 · most notably Commissioner v. Ferrer (1962), Luna v. Commissioner (1964)
38 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. § 7482
Relies on Helvering v. Horst · Commissioner of Internal Revenue v. P G Lake · Hort v. Commissioner · Commissioner v. Gillette Motor Transport, Inc.
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he essence of a capital transaction within the tax statutes and decided cases is that the sale or exchange of an asset results in a return of a capital investment coupled with realized gain or loss (as the case might be) which accrues to the investment over a certain period of time.”
3 later decisions quote this exact passage · from the majority“The nature of the right to receive future income as ordinary income does not change into capital gain by the mere receipt of a lump sum in lieu of such future payments.”
3 later decisions quote this exact passage · from the majority“because 12 the term `capital asset' is to be construed narrowly in accordance with the purpose of Congress to afford capital-gains treatment only in situations typically involving the realization of appreciation in value accrued over a substantial period of time, and thus to ameliorate the hardship of taxation of the entire gain in one year. 13 Comm'r v. Gillette Motor Transport, Inc., 364 U.S. 130 , 134, 80 S.Ct. 1497, 4 L.Ed.2d 1617 (1960). 14 The Court has instructed that”
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.