Roesel v. Commissioner’s Empirical Analysis

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

1. “§ 1.1375-4 Distributions of previously taxed income (a) In general. Under section 1375(d) (1), a distribution by an electing small business corporation to a shareholder of all or any portion of his net share of previously taxed income is considered a distribution which is not a dividend. Such a distribution reduces the basis of the shareholder’s stock in the corporation in accordance with section 301(c)(2), and, if it exceeds such basis, is subject to the provisions of section 301(c)(3). The earnings and profits of the corporation are not reduced by reason of such a distribution. * * *”

   1 later decision quote this exact passage
   e.g. McKelvy v. United States

2. “(iii) For purposes of this subpara-graph and subparagraph (3) (ii) of this paragraph, a distribution of money does not include a distribution of an obligation of the corporation, a distribution of property other than money in satisfaction of a dividend declared in money, or a distribution in exchange for stock. [Treas.Reg. § 1.-1375-6 (a) (2) (iii).]”

   1 later decision quote this exact passage
   e.g. McKelvy v. United States

3. “•x- * * To the extent that the notes and debentures received by petitioners [a distribution of property other than money] are not deemed to be out of Milling’s earnings and profits, the basis of petitioners’ respective stock in Milling will be reduced pursuant to the provisions of section 301 of the Code.”

   1 later decision quote this exact passage
   e.g. McKelvy v. United States