Finley W. Holbrook and Faith Holbrook v. Commissioner of Internal Revenue’s Empirical Analysis
1971
Citation profile
11 federal appellate ·
How this case has been cited
Cited by 19 later decisions — most recently June 1996
11 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. § 636 · 26 U.S.C. § 7482
Relies on Gregory v. Helvering · Helvering v. Clifford · Higgins v. Smith · Crane v. Commissioner · Foti v. Immigration & Naturalization Service
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.
“The taxpayer must have “(1) ‘acquired, by investment, any interest in the oil in place,’ and (2) secured by legal relationship ‘income derived from the extraction of the oil, to which he must look for a return of his capital.’ ” ... The second concept has been interpreted by the Supreme Court to mean “that the taxpayer must look solely to the extraction of oil or gas for a return of his capital.” [Citations omitted] [Emphasis in original] Id. at 1218 .”
1 later decision quote this exact passage · from the majority“. . . [t]he burden of proving that such transactions [the standard ABC transaction together with B's guaranty of C's loan and B's right of subrogation against C] are in reality a sham or lacking in substance is on the Commissioner, not the taxpayer. The taxpayer must only prove that the subrogation right exists in order to claim a lack of economic interest in the oil in place. . . .”
1 later decision quote this exact passage · from the majority“. . . the taxpayer [should be] required to prove not only that he would have enjoyed a legal right of subrogation to the claims of the bank over and against . . . [C], but that such right had value as well, in short, that . . . [C] had some economic substance.”
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.