Legal Opinion

Vander Hoek v. Commissioner

United States Tax Court

Decided October 29, 1968No. Docket Nos. 3754-66, 3756-66PublishedCited by 8 opinions

Petitioners purchased a herd of dairy cows from a seller, who was a member of a cooperative marketing association. The seller was required to market all milk from the herd through the association. By virtue of his membership, the seller was allocated "base" by the association, which measured his share in the proceeds of the association's milk sales. Sellers' membership (and his concomitant "right to base") were not transferable.

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Petitioners purchased a herd of dairy cows from a seller, who was a member of a cooperative marketing association. The seller was required to market all milk from the herd through the association. By virtue of his membership, the seller was allocated "base" by the association, which measured his share in the proceeds of the association's milk sales. Sellers' membership (and his concomitant "right to base") were not transferable. As a part of the sale, the association canceled the sellers' right to base and issued the same right to base to the purchasers. Held, the right to base was an element…

1Opinion of the Court

Tannenwald, Judge:

Respondent determined deficiencies in petitioners’ income taxes as follows:

Docket No. Year Deficiency Petitioners

3754-66 1963 and Elizabeth Vander Hoek.

3756-66 1962 1,232.55 Henry and Nellie Struikmans.

1963

All matters in issue involve the affairs of the Vander Hoek & Struikmans Dairy, a partnership, in which Ralph Vander Hoek and Henry Struikmans are the sole partners. Petitioners’ concessions leave one issue for our consideration, the proper cost basis of a herd of dairy cows purchased by the partnership.1

FINDINGS OP PACT

Some of the facts have been stipulated and are found…

2Cases cited9 opinions

  1. Nachman v. Commissioner of Internal Revenue. Tobias v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1951
  2. Nachman v. CommissionerUnited States Tax Court · 1949
  3. Max A. Burde and Berthe C. Burde v. Commissioner of Internal Revenue, Bernard Weiss and Peggy S. Weiss v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1965
  4. Thompson v. Commissioner of Internal Revenue. Couse v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
  5. Pasadena City Lines, Inc. v. Commissioner (A)United States Tax Court · 1954

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Estate of Cordeiro v. CommissionerUnited States Tax Court · 1968
  2. Van De Steeg v. CommissionerUnited States Tax Court · 1973
  3. Sharon v. CommissionerUnited States Tax Court · 1976
  4. Wenzel v. CommissionerUnited States Tax Court · 1991
  5. Estate of Cordeiro v. CommissionerUnited States Tax Court · 1968

3 more not listed; retrieve them via the Exa API.

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