Commissioner v. Tufts’s Empirical Analysis
1983
Citation profile
193 federal appellate · 3 district · 36 state decisions
How this case has been cited
Cited by 573 later decisions (8 by the Supreme Court) — most recently March 2022 · most notably Brannen v. Commissioner (1984), Rice's Toyota World, Inc. v. Commissioner (1985)
193 federal appellate · 3 district · 36 state decisions
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.
Appellate journey
reviewedTufts v. Commissioner (from Fifth Circuit Court of Appeals)
Relationships
Applies 12 U.S.C. § 1715 · 26 U.S.C. § 1001 · 26 U.S.C. § 1014 · 26 U.S.C. § 465 · 26 U.S.C. § 61 (Payment-in-Kind Tax Treatment Act of 1983) · 26 U.S.C. § 704 · 26 U.S.C. § 741 · 26 U.S.C. § 752
Relies on Commissioner of Internal Revenue v. South Texas Lumber Co · United States v. Correll · Crane v. Commissioner · National Muffler Dealers Assn., Inc. v. United States · United States v. Kirby Lumber Co.
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 573 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We read Crane to have approved the Commissioner’s decision to treat a non-recourse mortgage in this context as a true loan. ****** When a taxpayer receives a loan, he incurs an obligation to repay that loan at some future date. ****** Because of the obligation to repay, the taxpayer is entitled to include the amount of the loan in computing his basis in that property; ****** Because there is no difference between recourse and nonrecourse obligations in calculating bases, Crane teaches that the Commissioner may ignore the nonrec-ourse nature of the obligation in determining the amount realized upon disposition of the incumbered property. ****** When the obligation is cancelled, the mortgagor is relieved of his responsibility to repay the sum he originally received and thus realizes value to that extent____”
14 later decisions quote this exact passage · from the majority“Crane ultimately does not rest on its limited theory of economic benefit; instead we read Crane to have approved the Commissioner’s decision to treat a nonrecourse mortgage in this context as a true loan. This approval underlies Crane’s holdings that the amount of the nonrecourse liability is to be included in calculating both the basis and the amount realized on disposition. That the amount of the loan exceeds the fair market value of the property thus becomes irrelevant.”
5 later decisions quote this exact passage · from the majority“[t]he only difference between [a nonrecourse] mortgage and one on which the borrower is personally liable is that the morgagee's remedy is limited to foreclosing on the securing property,”
4 later decisions 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.