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← 34 F.3d 790 - Schmitz v. Commissioner

Schmitz v. Commissioner’s Empirical Analysis

1994

Citation profile

13
cited by 13 later decisions
1
cited 1 times by the Supreme Court
June 1995
most recently cited

8 federal appellate · 1 district ·

Relationships

Applies 26 U.S.C. § 104 · 29 U.S.C. § 260 · 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 1981 (Civil Rights Act of 1866)

Relies on Wilson v. Garcia · Trans World Airlines, Inc. v. Thurston · Brooklyn Sav Bank v. O'Neil Dize · Overnight Motor Transportation Co. v. Missel · Goodman v. Lukens Steel Co.

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

  1. “The term 'damages received (whether by suit or agreement)' means an amount received through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution.”
    1 later decision quote this exact passage · from the majority
  2. “(1) that the underlying cause of action was tort-like within the meaning of United States v. Burke, 112 S.Ct. 1867 (1992), and 26 C.F.R. Sec. 1.104-1(c), and (2) that the damages were received 'on account of' the taxpayer's personal injury.”
    1 later decision quote this exact passage · from the majority
  3. “(2) the amount of any damages received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or sickness;”
    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.