Anderson v. Commissioner’s Empirical Analysis
1976
Citation profile
4 federal appellate ·
How this case has been cited
Cited by 22 later decisions — most recently June 2013
4 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
Relies on Welch v. Helvering · Parham v. Cortese · Knowlton v. Moore · Golsen v. Commissioner · Golsen v. Commissioner
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[s]ection 312(a) provides a rule of general application to determine the effect of corporate distributions, ... upon the earnings and profits of the distributing corporation.”
2 later decisions quote this exact passage · from the majority“[W]ere it not for section 421(a)(2) the employer corporation would be entitled to a deduction for the “spread” between the option price and the fair market value of the stock at the time the option is exercised, even though the stock is stock of the employer corporation’s parent. This result is reached by the following analogy of what is deemed to happen. (a) The parent is deemed to have transferred to the subsidiary-employer an amount of cash equal to the spread between the option price and fair market value of the stock at the date of exercise. This cash represents a contribution of capital by the parent and permits an increase in its basis in the subsidiary’s stock. (b) The subsidiary is deemed to purchase the parent’s stock needed to distribute to the employees with the cash received from the parent plus its own funds in an amount equal to the option price. As a result of the transaction the parent has realized no income, [I.R.C.] sec. 1032, and the subsidiary has a basis in the parent’s stock equal to its fair market value (the purchase price). (c) The subsidiary is deemed to transfer the parent stock to its employees in return for services plus the option price. The exercise [of the options by employees of the subsidiaries] with respect to the parent’s stock triggers a capital transaction so far as the parent is concerned. The parent has incurred no true economic expense; it has simply invested additional funds in the form of its stock in the business of its wholly owne”
1 later decision quote this exact passage · from the majority“(1) the amount of money, (2) the principal amount of the obligations of such corporation, and (3) the adjusted basis of the other property, so distributed.”
1 later decision quote this exact passage · from the concurrencee.g. Webb v. Commissioner
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.