Gardner v. Commissioner’s Empirical Analysis

Citation profile

12 federal appellate ·

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

1. “it is well established that a subjective profit motive can not save a transaction that objectively lacks economic substance”

   2 later decisions quote this exact passage · from the majority
   e.g. Barrister Equip. Assocs. Series 115 v. Commissioner · Jonathan T. Bromwell & Assocs. v. Commissioner

2. “The amended section 108(a) expressly distinguishes between a loss incurred by a commodities dealer in the trade or business of trading commodities and a loss incurred in a commodities transaction entered into for profit though not connected with a trade or business. Thus, the language of section 108(a) is now completely harmonized with that of section 165(c)(1), which allows losses incurred in a trade or business, and section 165(c)(2), which allows losses incurred in any transaction entered into for profit, though not connected with a trade or business.”

   1 later decision quote this exact passage · from the majority
   e.g. Krumhorn v. Comm'r

3. “shall be allowed for the taxable year of the disposition if such loss is incurred in a trade or business, or if such loss is incurred in a transaction entered into for profit.”

   1 later decision quote this exact passage · from the majority
   e.g. Horn v. Commissioner