Kimmes v. Harris’s Empirical Analysis
647 F.2d 1028 · 1981
Citation profile
13 federal appellate ·
How this case has been cited
Cited by 18 later decisions — most recently November 2000
13 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 42 U.S.C. § 1382A (§ 1612 of the Social Security Act of 1935)
Relies on Van Lare v. Hurley · Antonioli v. Harris · 494 F. Supp. 878 - Wynn v. Harris · 472 F. Supp. 474 - Kimmes v. Califano
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(d) Valuation of support and maintenance for individuals in household situations. When an eligible individual ... lives in a household (i.e., is not in an institution) ... any support and maintenance received in kind but not received in lieu of cash wages ... is unearned income. In such cases effective with payments for December 1974, the maximum value of such support and maintenance is presumed to be at two-thirds of the applicable payment standard; i.e., the value is presumed to be one-third of the payment standard.... This presumption will be applied in determining the benefits unless it is rebutted by the individual’s establishing that the current market value of such support and maintenance, less any payment he makes therefor, is lower than the presumed value. This rule will apply in the following circumstances: * * * * * * (2) When an eligible individual ... lives in his own household, including a commercial establishment, and receives support and maintenance in kind.”
2 later decisions quote this exact passage · from the majority““Income” means the receipt by an individual of any property or service which he can apply, either directly or by sale or conversion, to meeting his basic needs (see Subpart K of this part).”
2 later decisions quote this exact passage · from the majority“that the difference between what Mrs. Kimmes paid as expenses in connection with her otherwise rent-free use of the trailer and the current rental value of the trailer does represent in-kind income which is actually available to her.... The fact that such benefit is not cold hard cash is of no moment. We are dealing here with unearned income in kind.”
1 later decision quote this exact passage · from the majoritye.g. Jackson v. Schweiker
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.