Moffatt v. Commissioner’s Empirical Analysis
1964
Citation profile
4 federal appellate ·
How this case has been cited
Cited by 22 later decisions — most recently November 1983
4 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
Relies on Glidden Company v. Zdanok Et Al. · Bandy v. United States · Minnesota Tea Co. v. Helvering · Goodall-Sanford, Inc. v. United Textile Workers, A. F. L. Local 1802 · Vernaci v. Louisiana
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1)s Complete liquidations. — Amounts distributed in complete liquidation of a corporation shall be treated as in full payment in exchange for the stock. (2) Partial liquidations. — Amounts distributed in partial liquidation of a corporation (as defined in section 346) shall be treated as in part or full payment in exchange for the stock. ■(b) Nonapplication op Section 301. — Section 301 (relating to effects on shareholder of distributions of property) shall not apply to any distribution of property in partial or complete liquidation.”
2 later decisions quote this exact passage“(1) the distribution is one of a series of distributions in redemption of all of the stock of the corporation pursuant to a plan; * * *”
2 later decisions quote this exact passage““May 6, 1957 Introductory Statement At the conference held in your office Tuesday last, certain proposals were discussed relating to the tax problems of the above corporation and its principal stockholders. Several tentative solutions were set forth. Briefly: [1] Liquidation of the corporation. [2] Sale by principal shareholders of a portion of their holdings. [3] Purchase of real estate by stockholders and subsequent sales. [4] Tax planning for existing corporation. * * * [6] Problems of principal stockholders relating to bad debt loss resulting in capital loss carryovers. I Liquidation of Corporation While we appreciate that this would provide the principal stockholders with the sought-after capital gains, it would present other problems which could very well offset the advantages obtained. The principal disadvantage would be the amount of taxes required to be paid in the year of liquidation. This corporation is reporting profits on a hybrid-accrual method. If this method is adhered to consistently it is doubtful that a change will be made by the commissioner [I.R.C. 446[c]], however if the corporation ceases operations and liquidates it is probable that all earned income both recorded and unrecorded will immediately become subject to corporate tax rates and also be subject to liquidating dividends. [Rev.Rul. 1953-255]. ****** An alternative may be found in the delaying of liquidation with a transfer of operations. Under this plan the existing corporation would remain in ex”
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.