Davis Co. v. Commissioner’s Empirical Analysis

Citation profile

1 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If property is compulsorily or involuntarily converted into cash or its equivalent as a result of (A) its destruction in whole or in part, (B) theft or seizure, or (0) an exercise of the power of requisition or condemnation, or the threat or imminence thereof; and if the taxpayer proceeds forthwith in good faith, under regulations prescribed by the Commissioner with the approval of the Secretary, to expend the proceeds of such conversion in the acquisition of -other property of a character similar or related in service or use to the property so converted, or in the acquisition of 80 per centum or more of the stock or shares of a corporation owning such other property, or in the establishment of a replacement fund, then there shall be allowed as a deduction such portion of the gain derived as the portion of the proceeds so expended bears to the entire proceeds. The provisions of this paragraph prescribing the conditions under which a deduction may be taken in respect of the proceeds or gains derived from the compulsory or involuntary conversion of property into cash or its equivalent, shall apply so far as may be practicable to the exemption or exclusion of such proceeds or gains from gross income under prior income, war-profits and excess-profits tax Acts.”

   3 later decisions quote this exact passage
   e.g. Robins v. Commissioner · Piedmont-Mt. Airy Guano Co. v. Commissioner

2. “No doubt tbe appeal made by tbe local body was a most earnest and urgent one. Sufficient pressure was brought to bear to lead petitioner to the conclusion that it must comply or suffer tbe diminution of tbe good will it bad built up in tbe community. Tbe petitioner knew that it could not bo coerced by legal means into making the sale, as tbe power of requisition or condemnation did not exist. However, tbe exercise of such power, or the imminence thereof, is essential to an involuntary conversion, due to tbe cause under discussion. Tbe sale was made because it was deemed to be good business policy.”

   1 later decision quote this exact passage
   e.g. Tirrell v. Commissioner