F. C. Publication Liquidating Corp. v. Commissioner’s Empirical Analysis
304 F.2d 779 · 1962
Citation profile
12 federal appellate · 1 district ·
How this case has been cited
Cited by 25 later decisions — most recently October 1987 · most notably VGS Corp. v. Commissioner (1977), J. T. Slocomb Co. v. Commissioner of Internal Revenue (1964)
12 federal appellate · 1 district ·
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. § 7482
Relies on Glidden Company v. Zdanok Et Al. · Clark v. Commissioner · Mill Ridge Coal Co. v. Patterson · Gatling v. Commissioner · Thomas E. Snyder Sons Co. 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) In General. — If— (1) any person or persons acquire, or acquired on or after October 8,1940, directly or indirectly, control of a corporation, or (2) any corporation acquires, or acquired on or after October 8, 1940, directly or indirectly, property of another corporation, not controlled, directly or indirectly, immediately before such acquisition, by such acquiring corporation or its stockholders, the basis of which property, in the hands of the acquiring corporation, is determined by reference to the basis in the hands of the transferor corporation, and the principal purpose for which such acquisition was made is evasion or avoidance of Federal income tax by securing the benefit of a deduction, credit or other allowance which such person or corporation would not otherwise enjoy, then the Secretary or his delegate may disallow such deduction, credit or other allowance. For purposes of paragraphs (1) and (2), control means the ownership of stock possessing at least 50 percent of the total combined voting power of all classes of stock entitled to vote or at least 50 percent of the total value of shares of all classes of stock of the corporation. (b) Power of Secretary or His Delegate To Allow Deduction, etc., in Part. — In any case to which subsection (a) applies the Secretary or his delegate is authorized— (1) to allow as a deduction, credit, or allowance any part of any amount disallowed by such subsection, if he determines that such allowance will not result in the evas”
1 later decision quote this exact passage · from the majority“is applicable when a `loss' corporation acquires control of a `profitable' corporation since the acquiring corporation thereby secures the benefits of a loss it would not have otherwise enjoyed. F. C. Publication Liquidating Corp. v. Commissioner, 304 F.2d 779 , 781 (2 Cir. 1962).”
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.