Phipps v. Commissioner’s Empirical Analysis

Citation profile

21 federal appellate ·

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) The term ‘capital gain’ means taxable gain from the sale or exchange of capital assets consummated after December 31, 1921; “(2). The term ‘capital loss’ means deductible loss resulting from the sale or exchange of capital assets.; “(3) The term ‘capital deductions’ means such deductions as are allowed by section 214 for the purpose of computing net income, and are properly allocable to or chargeable against capital assets sold or exchanged during the taxable year; “(4) The term .‘ordinary deductions’ means the deduction's allowed by section 214 other than capital losses and capital deductions; “(5) The term ‘capital net gain’ means the excess of the total amount of capital gain over the sum of (A) the capital deductions and capital losses, plus (B) the amount, if any, by which the ordinary deductions exceed the gross income computed without including capital gain; ****** “(8) The term ‘capital assets’ means property held by the taxpayer for more than two years (whether or not connected with his trade or business), but does not include stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale in the course of his trade or business. “(b) In the case of any taxpayer (other than a corporation) who for any taxable year derives a capital net gain, there shall (at the election of the taxpayer) be levied, collected a”

   1 later decision quote this exact passage · from the majority
   e.g. Welch v. Solomon

2. ““While the purchases were made with the hope of profitable sales at some future time they do not seem to have been sufficiently frequent, or the activities sufficiently engrossing, to give the taxpayers the vocation of real estate dealers or operators * * *. ****** “Persons with large incomes of course invest their surplus funds in something, and if, to diversify their holdings, they buy land, with the expectation of selling it when a good price is offered, such an expectation cannot, in our opinion convert some sales of land that had been held for seven or eight years into a trade or business in real estate. There should be a greater continuity and larger ab- . sorption of time in such transactions to make the taxpayers more than investors.””

   1 later decision quote this exact passage · from the majority
   e.g. 111 F. Supp. 314 - Chicago Title & Trust Co. v. United States