Hadley v. Commissioner’s Empirical Analysis
36 F.2d 543 · 1929
Citation profile
29 federal appellate · 9 district · 1 state decisions
How this case has been cited
Cited by 61 later decisions (2 by the Supreme Court) — most recently November 2002 · most notably Avery v. Commissioner (1934), Federbush v. Commissioner (1960)
29 federal appellate · 9 district · 1 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.
Relationships
Relies on United States v. Anderson · Cornell Steamboat Company v. John J. Coughlin and J. C. Davis, Director General of Railroads, Etc · Chattanooga Sav. Bank v. Brewer · Smith v. Moore · Spencer v. Lowe
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * “While there was no declaration of a dividend in this case, there was a determination of the amount of profits or earnings to which the respective stockholders were entitled. One stockholder was paid his share in cash. The shares of the others were credited to their respective accounts on the books of the corporation in such a manner as to bring the fund within the absolute and unqualified dominium and control of the stockholder. While, technically speaking, this would not amount to the declaration of a dividend, it would amount to a distribution of the assets in such manner that the'1’theory of corporate entity is not affected or disregarded, since it is settled law that the division of profits of a corporation among its stockholders amounts to a constructive dividend whether it is intended by the directors or stockholders to constitute a dividend or not.” (Emphasis supplied.)”
1 later decision quote this exact passagee.g. Sanders v. Fox““That the term ‘dividend’ when used in this title * * * means any distribution made hy a corporation to its shareholders or members, whether in cash or in other property, out of its earnings or profits accumulated since February 28, 1913. * * * “For the purposes of this Act every distribution is made out of earnings or profits, and from the most recently accumulated earnings or profits, to the extent of such earnings or profits accumulated since February 28, 1913. * ””
1 later decision quote this exact passagee.g. Faris v. Helvering“within the absolute and unqualified dominion and control of the stockholder”
1 later decision quote this exact passage
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.