Luckman v. Commissioner’s Empirical Analysis
1969
Citation profile
10 federal appellate ·
How this case has been cited
Cited by 19 later decisions — most recently August 2007
10 federal appellate ·
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. § 421
Relies on Commissioner v. LoBue · Commissioner v. Smith · Machibroda v. United States · Commissioner of Internal Revenue v. Bedford's Estate · On Lee v. United States
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) no income shall result at the time of the transfer of such share to the individual upon his exercise of the option with respect to such share; (2) no deduction under section 162 (relating to trade or business expenses) shall be allowable at any time to the employer corporation, a parent or subsidiary corporation of such corporation, or a corporation issuing or assuming a stock option in a transaction to which subsection (g) is applicable, with respect to the share so transferred; and (3) no amount other than the price paid under the option shall be considered as received by any of such corporations for the share so transferred.”
2 later decisions quote this exact passage · from the majority““As used in federal taxation, this concept represents an attempt to separate those corporate distributions with respect to stock which represent returns of capital contributed by the stockholders from those distributions which represent gain derived from the initial investment by virtue of the conduct of business. The crucial issue is whether a given transaction has a real effect upon the portion of corporate net worth which is not representative of contributed capital and which results from the conduct of business. In order to make this determination it is necessary to scrutinize the economic effects of the particular transaction as well as its character and relation to the corporate business.” Luckman v. Commissioner of Internal Revenue, supra, 418 F.2d at 383 .”
1 later decision quote this exact passage · from the majority“'Dividends’ and 'Earnings and Profits’ Under the Income Tax Law: Corporate Non-Liquidating Distributions,” 89 U. Pa. L. Rev. 865 (1941); Edelstein & Korbel,”
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.