Olson Samore v. N Olson M’s Empirical Analysis

Citation profile

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.

1. “Did the abandonment result from termination of the estate? The court noted in McGowan that the term “termination of the estate” is not defined in § 1398(f)(2) of Title 26. The court determined in McGowan at 107 that in the bankruptcy context the meaning of “termination of the estate” includes the termination of the estate’s interest and property pursuant to 11 U.S.C. § 554 (a). It might be argued that the McGowan decision was overbroad in defining property abandonment during administration as “termination of the estate” under 26 U.S.C. § 1398 (f)(2). Perhaps a better definition of “termination of the estate” is the “closing of a case.” See 11 U.S.C. § 554 (c). Cf. Treas.Reg. § 1.64(b)-3(a). This alternative was recognized in McGowan at 107 . If this be the meaning, then 11 U.S.C. § 554 (e) and 26 U.S.C. § 1398 (f)(2) would prevent the assignment of tax consequences to the estate when property is abandoned by operation of law as a result of its being unadministered at the close of a case. The court can see no reason why abandonment during administration should have a different tax effect. Abandonments during administration should also be covered by § 1398(f)(2).”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Rubin