Pledger v. Commissioner’s Empirical Analysis
1981
Citation profile
12 federal appellate ·
How this case has been cited
Cited by 30 later decisions — most recently February 2011 · most notably Martin v. Commissioner (1985), McDonald v. Commissioner (1985)
12 federal appellate ·
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. § 83
Relies on Weinberger v. Salfi · Usery v. Turner Elkhorn Mining Co. · Commissioner of Internal Revenue v. Glenshaw Glass Company · Helvering v. Horst · Eisner v. Macomber
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) GENERAL RULE — If, in connection with the performance of services, property is transferred to any person other than the person for whom such services are performed, the excess of— (1) the fair market value of such property (determined without regard to any restriction other than a restriction which by its terms will never lapse) at the first time the rights of the person having the beneficial interest in such property are transferable or are not subject to a substantial risk of forfeiture, whichever occurs earlier, over (2) the amount (if any) paid for such property, shall be included in the gross income of the person who performed such services in the first taxable year in which the rights of the person having the beneficial interest in such property are transferable or are not subject to a substantial risk of forfeiture, whichever is applicable. The preceding sentence shall not apply if such person sells or otherwise disposes of such property in an arm’s length transaction before his rights in such property become transferable or not subject to a substantial risk of forfeiture. (b) ELECTION TO INCLUDE IN GROSS INCOME IN YEAR OF TRANSFER— (1) IN GENERAL — Any person who performs services in connection with which property is transferred to any person may elect to include in his gross income for the taxable year in which such property is transferred, the excess of— (A) the fair market value of such property at the time of transfer (determined without regard to any restrict”
5 later decisions quote this exact passage · from the dissent“determined without regard to any restriction other than a restriction which by its terms will never lapse.”
3 later decisions quote this exact passage · from the dissent“When he purchased the stock, the value of his compensation for purposes of taxation could be determined by reference to the fair market value of the stock on the day of purchase. Although taxpayer argues that the stock subject to the securities restrictions was worth only 65 percent of its fair market value, taxpayer ignores the fact that the stipulation regarding the 65 percent value pertained only to the discounted value if the stock were sold in another private placement sale. A stipulation as to the value of property if sold under certain circumstances does not necessarily reflect the value of the property in the hands of the current owner .... The full value of the stock existed from the moment of purchase; it was only temporarily subject to a diminution in value if exchanged because of the securities restrictions. Despite taxpayer’s claim to the contrary, there was no nonexistent value upon which he was taxed.”
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.