Read v. United States’s Empirical Analysis

Citation profile

7 federal appellate · 1 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The purpose of Section 691(c) of the 1954 Code '(formerly Section 126(c) of the 1939 Code), dealing with the ‘deduction for estate tax’ is to provide approximately the same tax consequences in the case of a decedent whose gross estate includes claims to income as in the case of a decedent all of whose income receivables had been collected (and income tax paid thereon) prior to his death. In the latter case, only the income in cash or its equivalent, net after the income tax paid thereon, would be included in the gross estate for estate tax purposes. But in the case of a decedent whose claims to income are included in his gross estate, except for the provisions of Section 691(c) of the Code, the gross amount of the claims would be subject to estate tax and also to income tax when later collected. In this situation, to avoid the imposition of both estate tax and income tax on the full amount of the income claims, Section 691 (o) provides that the recipient of income in respect of a decedent may deduct that portion of the estate tax which is attributable to the inclusion of the right to such ■income in the decedent’s estate.” Mertens, Federal Income Tax § 12-102(b). [ 320 F. 2d at 553 .]”

   3 later decisions quote this exact passage · from the majority
   e.g. Meissner v. United States · Goodwin v. United States

2. “(a) Inclusion in Gross Income.— (1) General rule. — The amount of all items of gross income in respect of a decedent which are not properlyincludibleinrespectofthetaxableperlodinwhiehfallsthedateofhisdeathorapriorperiod * * * shall be included in the gross income, for the taxable year when received, of: • ••••** (C) the person who acquires from the decedent the right to receive the amount by bequest, devise, or inheritance, if the amount is received after a distribution by the decedent’s estate of such right. ******* (3) Character or income determined by reference to decedent. — The right, described in paragraph (1), to receive an amount shall be treated, in the hands of * * * any person who 'acquired such right * * * by bequest, devise, or inheritance from the decedent, as if it had been acquired by * * * such person in the transaction in which the right to receive the income was originally derived and the amount includible in gross income under paragraph (1) * * * shallbeconsideredinthehandsof * * * such person to have the character which it would have had in the hands of the decedent if the decedent had lived and received such amount. (4) Installment obligations acquired from decedent. — In the case of an installment obligation received by a decedent on the sale or other disposition of property, the income from which was properly reportable by the decedent on the installment basis under section 463, if such obligation is acquired * * * by any person * * * by bequest, devis”

   1 later decision quote this exact passage · from the majority
   e.g. Chastain v. Commissioner