Scriptomatic, Inc. v. United States’s Empirical Analysis
555 F.2d 364 · 1977
Citation profile
9 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 37 later decisions — most recently November 2017 · most notably Dunn v. Commissioner (1980), Segel v. Commissioner (1987)
9 federal appellate · 1 district · 1 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.
Relationships
Applies 26 U.S.C. § 163
Relies on Fin Hay Realty Co. v. United States · P. M. Finance Corp. v. Commissioner · Universal Castings Corporation, an Illinois Corporation v. Commissioner of Internal Revenue · 397 F. Supp. 753 - Scriptomatic, Inc. v. United States
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“if the shareholder's advance is far more speculative than what an outsider would make, it is obviously a loan in name only.”
3 later decisions quote this exact passage · from the majority“The Federal Income Tax Significance of Corporate Debt: A Critical Analysis and a Proposal,”
3 later decisions quote this exact passage · from the majority“neither any single criterion nor any series of criteria can provide a conclusive answer in the kaleidoscopic circumstances which individual cases present. See John Kelley Co. v. Commissioner of Internal Revenue, 326 U.S. 521, 530 , 66 S.Ct. 299 , 90 L.Ed. 278 (1946). The various factors which have been identified in the cases are only aids in answering the ultimate question whether the investment, analyzed in terms of its economic reality, constitutes risk capital entirely subject to the fortunes of the corporate venture or represents a strict debtor-creditor relationship. Since there is often an element of risk in a loan, just as there is an element of risk in an equity interest, the conflicting elements do not end at a clear line in all cases.”
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.