Fischer v. United States’s Empirical Analysis
1977
Citation profile
1 district ·
How this case has been cited
Cited by 9 later decisions — most recently January 2017
1 district ·
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. § 166
Relies on Benjamin D. And Madeline Prentice Gilbert v. Commissioner of Internal Revenue · Fin Hay Realty Co. v. United States · Nassau Lens Co., Inc. v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Harry Pildes and Sarah Pildes · United States v. Simon W. Henderson, Jr., Independent for the Estate of Louise R. Henderson, Deceased · In the Matter of Uneco, Inc., Bankrupt. United States of America v. Uneco, Inc.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he acid test of the economic reality of a purported debt is whether an unrelated outside party would have advanced funds under like circumstances.”
2 later decisions quote this exact passage · from the majority“In general, there are four possible sources: (1) liquidation of the business’ assets, (2) profits, (3) cash flow, and (4) refinancing with another lender. “If repayment of the advances can only be reasonably assured by the chance of profits or from the liquidation of the business, the money is at the risk of the venture.” Scriptomatic, Inc. v. U.S., 397 F.Supp. 753, 764 (E.D.Pa.1975). If, however, under the circumstances at the time of the advances, a prudent investor would have had a realistic and reasonable expectation of an adequate cash flow or the presence of outside financing which would enable repayment to be made under the terms of the advance, economic reality would dictate that a valid debt had been created.”
1 later decision quote this exact passage · from the majority“a written unconditional promise to pay on demand or on a specified date a sum certain in money in return for an adequate consideration in money or money's worth, and to pay a fixed rate of interest”
1 later decision quote this exact passage · from the majoritye.g. Sensenig v. Comm'r
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.