Richards v. Commissioner’s Empirical Analysis
81 F.2d 369 · 1936
Citation profile
56 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 105 later decisions — most recently September 1973 · most notably Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal Revenue (1951), Grace Bros. v. Commissioner of Internal Revenue (1949)
56 federal appellate · 5 district · 1 state decisions
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. § 101
Relies on Flint v. Stone Tracy Co. · Helvering v. Rankin · Von Baumbach v. Sargent Land Co. · Old Mission Portland Cement Co. v. Helvering · Karnuth v. United States ex rel. Albro
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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The cases cited illustrate that no rigid rule or fixed formula will furnish an answer to the question. Among the helpful factors that will point the way are: continuity and frequency of sales and sales related activities as opposed to isolated transactions; the extent and substantiality of the transactions; the activity on the part of the taxpayer or those under his instructions in the form of advertising and improvements; the purpose for which the property was acquired; and all other considerations going to the ultimate question of whether at the time of sale the property was held by the taxpayer' primarily for sale to customers and also for sale in the ordinary course of the taxpayer’s trade or business. Since the- question is one of ultimate fact, the judgment of the district court should be affirmed unless found to be clearly erroneous.””
1 later decision quote this exact passage · from the majority““stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business * * *. ””
1 later decision quote this exact passage · from the majority“It is true that the test applied in the cases last cited appears to be that if the purposes of the trust are liquidation and distribution, then the trust is not such an 'association'. We cannot adopt such test to determine what is a '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.