Libson Shops, Inc., v. Koehler, District Director of Internal Revenue’s Empirical Analysis
1957
Citation profile
236 federal appellate · 31 district · 54 state decisions
How this case has been cited
Cited by 490 later decisions (9 by the Supreme Court) — most recently June 2013 · most notably Bulova Watch Co. v. United States (1961), 18 Cal. 3d 538 - People v. Zamora (1976)
236 federal appellate · 31 district · 54 state decisions
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.
Appellate journey
reviewedLibson Shops, Inc. v. Koehler (from Eighth Circuit Court of Appeals)
Relationships
Applies 26 U.S.C. § 122 · 26 U.S.C. § 129 · 26 U.S.C. § 382
Relies on New Colonial Ice Co. v. Helvering · International Union, United Automobile, Aircraft & Agricultural Implement Workers of America v. Anderson · Lewyt Corporation v. Commissioner of Internal Revenue · Manning v. Seeley Tube & Box 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 490 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Those provisions were enacted to ameliorate the unduly drastic consequences of taxing income strictly on an annual basis. They were designed to permit a taxpayer to set off its lean years against its lush years, and to strike something like an average taxable income computed over a period longer than one year.”
26 later decisions quote this exact passage · from the majority“By enacting the 1954 Code, Congress destroyed the precedential value of the rule of decision of Libson Shops; that is, that for a loss carryover deduction to be allowed, the income against which the offset was claimed must have been produced by substantially the same businesses which incurred the losses. This is not now the law. * * * 26 ****** 27 * * * 28”
8 later decisions quote this exact passage · from the majority““If petitioner is permitted to take a carry-over, the 16 sales businesses have acquired by merger an opportunity that they elected to forego when they chose not to file a consolidated return.” 353 U.S. at 388 , 77 S.Ct. at 994 , 1 L.Ed.2d at 929 .”
4 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.