Electric Regulator Corp. v. Commissioner’s Empirical Analysis
336 F.2d 339 · 1964
Citation profile
17 federal appellate · 2 district ·
How this case has been cited
Cited by 36 later decisions (1 by the Supreme Court) — most recently August 1988 · most notably Ivan Allen Company v. United States (1975), John P. Scripps Newspapers v. Commissioner (1965)
17 federal appellate · 2 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. § 531
Relies on United States v. United States Gypsum Co. · United States v. Lucchese · Smoot Sand & Gravel Corp. v. Commissioner · Oyster Shell Products Corp. v. Commissioner of Internal Revenue · R. Gsell & 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Courts, however, must not blind themselves to the realities in this age of rapid technological change. The product of today is frequently outmoded tomorrow. The results of research in the electronics, pharmaceutical and chemical fields alone justify this statement. Nor is it always possible for a company in advance to set aside a specific sum to achieve a specific goal. Comments made in the past to the effect that a definite plan actually followed through must be on the company’s books and records before moneys assigned thereto become anticipated needs may have to be appropriately qualified in particular cases.” Electric Regulator Corp. v. C. I. R., 336 F.2d 339, 345-346 (2 Cir. 1964).”
5 later decisions quote this exact passage · from the majority“(a) Unreasonable accumulation determinative of purpose. — For purposes of section 532, the fact that the earnings and profits of a corporation are permitted to accumulate beyond the reasonable needs of the business shall be determinative of the purpose to avoid the income tax with respect to shareholders, unless the corporation by the preponderance of the evidence shall prove to the contrary.”
3 later decisions quote this exact passage · from the majority“(1) 27% percent of the accumulated taxable income not in excess of $100,000, plus (2) 38% percent of the accumulated taxable income in excess of $100,000.”
2 later decisions 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.