Estate Levine v. Commissioner of Internal Revenue’s Empirical Analysis

Citation profile

3 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If non-recourse mortgages contribute to the basis of property, then they must be included in the amount realized on its sale. Any other course would render the concept of basis nonsensical by permitting sellers of mortgaged property to register large tax losses stemming from an infíated basis and a diminished realization of gain. It would also permit depreciation deductions in excess of a property holder’s real investment which could never subsequently be recaptured.”

   2 later decisions quote this exact passage · from the majority
   e.g. Tufts v. Commissioner · John F. Tufts and Mary A. Tufts v. Commissioner of Internal Revenue

2. “The gain from the sale or other disposition of property shall be the excess of the amount realized therefrom over the adjusted basis provided in section 1011 for determining gain, and the loss shall be the excess of the adjusted basis provided in such section for determining loss over the amount realized.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Leo G. Ebben v. Commissioner Of Internal Revenue · Guest v. Commissioner

3. “(w)hile the facts in Johnson were peculiarly favorable to the Commissioner, we consider that it effectively overruled Turner as a precedent.”

   1 later decision quote this exact passage · from the majority
   e.g. Victor P. Diedrich and Frances T. Diedrich v. Commissioner of Internal Revenue, United Missouri Bank of Kansas City, N.A., of the Estate of Frances d.grant, Deceased v. Commissioner of Internal Revenue