These posts are about the songs that just barely failed to cross the key line of chart success, entering the Billboard Top 40. Every song featured in this series peaked at number 41.

In his notorious and freewheeling interview earlier this year with Vulture, New York magazine’s online culture site, Quincy Jones leveled a pointed accusation at his former collaborator Michael Jackson.

“I hate to get into this publicly, but Michael stole a lot of stuff,” Jones said. “He stole a lot of songs. ‘State of Independence’ and ‘Billie Jean.’ The notes don’t lie, man. He was as Machiavellian as they come.”

Although “State of Independence” was first written and performed by Jon Anderson and Vangelis, Jones was referring to the cover version Donna Summer released one year later. A single from her self-titled album, Summer’s take on “State of Independence” was produced by Jones. Presumably in an effort to accentuate the song’s feel-good vibe, Jones recruited a batch of ludicrously overqualified performers to sing in a chorus. It was a sort of communal validation of the song’s inclusive, accepting spirit. Alongside Lionel Richie, Dionne Warwick, Stevie Wonder, James Ingram, and Kenny Loggins stood Michael Jackson.

Summer’s album was released in July, 1982. At the same time, Jackson was ensconced in Westlake Recording Studio, in Los Angeles, working with Jones on the album that would become Thriller. Jones maintained that Jackson nicked the riff from “State of Independence” and infused it with a funk drive rather than its original reggae lope. (Daryl Hall claims Jackson once told his the riff was actually swiped from “I Can’t Go for That (No Can Do).”) Thriller was released in November, 1982, and “Billie Jean” was the album’s second single.

As a single for Summer, “State of Independence” peaked at #41. “Billie Jean” spent seven weeks atop the Billboard chart.

Other entries in this series can be found by clicking on the “Top 40 Smash Near Misses” tag.