Legal Opinion

Garnac Grain Co. v. Commissioner

United States Tax Court

Decided July 3, 1990No. Docket Nos. 35832-85, 8213-86, 7840-87, 7848-87PublishedCited by 11 opinions

G was a worldwide grain merchant whose business consisted primarily of purchasing grain (soybeans, corn, and wheat); cleaning, drying, aerating, fumigating, and blending this grain; and then selling it for export to customers in 40 to 50 countries throughout the world. G owned all of the issued and outstanding shares of E, a Domestic International Sales Corporation (DISC). During May 1974, E made loans to G totaling $ 5.4 million.

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G was a worldwide grain merchant whose business consisted primarily of purchasing grain (soybeans, corn, and wheat); cleaning, drying, aerating, fumigating, and blending this grain; and then selling it for export to customers in 40 to 50 countries throughout the world. G owned all of the issued and outstanding shares of E, a Domestic International Sales Corporation (DISC). During May 1974, E made loans to G totaling $ 5.4 million. Held, G was not engaged in the production or growing of export property within the meaning of sec. 993(d)(1)(C), I.R.C., and, therefore, the loans by E to G did not…

1Opinion of the Court

COHEN, Judge:

Respondent determined deficiencies in petitioners’ Federal income taxes as follows:

Docket No. Petitioner Year Deficiency

35832-85 Garnac Grain Co. 1974 $4,323,538

1975 940,401

1976 1,234,496

8213-86 Garnac Grain Export 1974 5,188,318

1975 3,231,062

1976 2,922,375

7840-87 Garnac Grain Co. 1978 72,959

1979 147,050

1981 1107,904

7848-87 Garnac Grain Co., 1977 423,579

Transferee 1978 431,994

1979 489,178

Unless otherwise indicated, all section references are to the Internal Revenue Code as amended and in effect for the years in issue.

After concessions, the issue remaining for decision is whether…

2Cases cited15 opinions

  1. United States v. MitchellSupreme Court of the United States · 1971
  2. Michael L. Rockwell, and Regina Rockwell v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1975
  3. Arkansas Best Corp. v. CommissionerSupreme Court of the United States · 1988
  4. Cwt Farms, Inc. And Cwt International, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1985
  5. Thomas International Limited v. The United StatesCourt of Appeals for the Federal Circuit · 1985

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

3Cited by11 opinions

  1. Elec. Arts, Inc. v. Comm'rUnited States Tax Court · 2002
  2. Kansas City S. Indus. v. CommissionerUnited States Tax Court · 1992
  3. ADVO, Inc. & Subsidiaries v. CommissionerUnited States Tax Court · 2013
  4. Computervision Corp. v. CommissionerUnited States Tax Court · 1991
  5. Advo, Inc. & Subsidiaries v. CommissionerUnited States Tax Court · 2013

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

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