Gillespie v. Commissioner’s Empirical Analysis
1941
Citation profile
12
cited by 12 later decisions
June 1973
most recently cited
4 federal appellate ·
Relationships
Relies on Raymond v. Commissioner · Klein v. Commissioner · Scanlon v. Commissioner · Gillespie v. Commissioner · Guaranty Trust Co. v. Commissioner
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We may dispose of the first argument of the petitioner without extended consideration. The contract of May 15, 1929, may not, in our view, be interpreted as an ordinary sale or exchange of capital assets with payment to petitioner extended over several years. The distinguishing peculiarity of an annuity — that its continuance is dependent entirely on the life of the recipient of the payments — is here present. By statute, amounts received under contracts of this nature are made taxable up to a limited degree and the direction of the statute may not. be ignored. It can make no difference, in our opinion, that the consideration for the annuity was the transfer of property rather than money, and in this view we are sustained by Klein v. Commissioner, 6 B.T.A. 617 , and Guaranty Trust Co. of New York, Executor v. Commissioner, 15 B.T.A. 20 .””
1 later decision quote this exact passagee.g. Ware v. Commissioner
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.