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← 76 TC 1040 - Benson v. Commissioner

Benson v. Commissioner’s Empirical Analysis

1981

Citation profile

4
cited by 4 later decisions
July 2003
most recently cited

1 federal appellate ·

How this case has been cited

Cited by 4 later decisions — most recently July 2003

1 federal appellate ·

20198119902000decided

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 · Wesenberg v. Commissioner · Meyer v. Commissioner · Lucile H. Meyer v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Leon R. Meyer · Mau v. United States

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

  1. “Likewise, we reject petitioners’ contention that "portion” refers to the amount borrowed in comparison to the entire trust. Petitioner would have us calculate a fraction arrived at by dividing the amount borrowed by the trust corpus, and treat that fraction as the trust "portion” owned by the grantor. If such were the case, a trust grantor could borrow the entire trust income derived from the entire trust corpus but only be treated as owning a fraction of the trust, even though his borrowing evidences dominion and control over the entire trust. We find such a result patently unreasonable and unsupported by the statutory language or any other authority. [Fn. ref. omitted.]”
    1 later decision quote this exact passage
  2. “borrowed all the trust income and that income was derived from the entire trust corpus” ( 76 T.C. at 1047-1048 ), we held that he”
    1 later decision quote this exact passage

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.