Welch v. Solomon’s Empirical Analysis
99 F.2d 41 · 1938
Citation profile
13 federal appellate ·
How this case has been cited
Cited by 31 later decisions — most recently December 1965 · most notably Ehrman v. Commissioner (1941), Kaltreider v. Commissioner (1957)
13 federal appellate ·
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 28 U.S.C. § 41
Relies on Flint v. Stone Tracy Co. · Von Baumbach v. Sargent Land Co. · Richards v. Commissioner · Phipps v. Commissioner · Letts v. Commissioner
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Sec. 22. Gross Income “(a) General Definition. ‘Gross income’ includes gains, profits, and income * * * of whatever kind * * * from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from * * * the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever.” 26 U.S.O.A. Int.Rev. Acts, page 825. “See. 117. Capital Gains and Losses * * * # * “(b) Definition of Capital Assets. For the purposes of this title, ‘capital assets’ means property held by the taxpayer (whether or not connected with his trade or business), but does not include 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.” 26 U.S.O.A. Int.Rev.Acts, page 874. Sections 22(a) and 117(a) (1) of the Revenue Act of 1938, c. 289, 52 Stat. 447 , and of the Internal Revenue Code, 26 U.S.O.A. Int.Rev.Oode, §§ 22(a), 117 (a) (1), are the same so far as are material here as sections 22(a) and 117 (b) of the Revenue Act of 1936. Treasury Regulations 94, promulgated under the Revenue Act of 1936: “Art. 117-1. Meaning of capital assets. The term ‘capital assets’ includes all classes of property not spec”
2 later decisions 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.