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← 96 F.2d 270 - Long v. Commissioner

Long v. Commissioner’s Empirical Analysis

96 F.2d 270 · 1938

Citation profile

23
cited by 23 later decisions
1
states following
October 1990
most recently cited

12 federal appellate · 1 state decisions

How this case has been cited

Cited by 23 later decisions — most recently October 1990

12 federal appellate · 1 state decisions

701938194019501960197019801990decided

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. § 113 · 26 U.S.C. § 23

Relies on Lucas v. American Code Co. · Burnet v. Houston · Burnet v. Logan · Reinecke v. Spalding · Eckert v. Burnet

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

  1. ““(a) Computation of gain or loss.— The gain from the sale or other disposition of property shall be the excess of the amount realized therefrom over the adjusted basis provided in section 113 (b) for determining gain, * * *. “(b) Amount realized. — The amount realized from the sale or other disposition of property shall be the sum of any money received plus the fair market value of the property (other than money) received.” “Sec. 113. Adjusted basis for determining gain or loss [26 U.S.C.A. Int. Rev.Acts, at page 1048]. “(a) Basis (unadjusted) of property. —The basis of property shall be the cost of such property; except that— * ! 3: * 3c 4t “(5) Property transmitted at death.— If the property was acquired by bequest, devise, or inheritance, or by the decedent’s estate from the decedent, the basis shall be the fair market value of such property at the time of such acquisition. * * * * » $ * “(b) Adjusted basis. — The adjusted basis for determining the gain or loss from the sale or other disposition of property, whenever acquired, shall be the basis determined under subsection (a), adjusted as hereinafter provided.” “Sec. 22. Cross income [26 U.S.C.A. Int.Rev.Acts, pago 1008]. “(a) General definition. — ‘Gross income’ includes gains, profits, and income derived from salaries, wages, or compensation for personal service, of whatever kind and in whatever form paid, or from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or pe”
    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.