Broz v. Commissioner’s Empirical Analysis
727 F.3d 621 · 2013
Citation profile
1 federal appellate · 1 state decisions
Relationships
Applies 26 U.S.C. § 1366 · 26 U.S.C. § 1374 · 26 U.S.C. § 162 · 26 U.S.C. § 167 · 26 U.S.C. § 174 · 26 U.S.C. § 195 · 26 U.S.C. § 197
Relies on Moline Properties, Inc. v. Commissioner · Higgins v. Smith · Commissioner of Internal Revenue v. National Alfalfa Dehydrating and Milling Company · Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach · Burnet v. Commonwealth Improvement Co.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] taxpayer can obtain debt basis in an S corporation through payments made by a wholly owned corporate entity if that entity functions as the shareholder's 'incorporated pocketbook,' meaning that the taxpayer has a 'habitual practice of having his wholly owned corporation pay money to third parties on his behalf.'”
1 later decision quote this exact passage · from the majority“After-the-fact reclassification cannot satisfy the requirement that the debt run directly from the S corporation to the taxpayer/shareholder, and courts have previously rejected efforts by taxpayers to establish debt basis in an S corporation using this method.”
1 later decision quote this exact passage · from the majority“ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”
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.