Legal Opinion

Fertile Co-Operative Dairy Ass'n v. Huston

Court of Appeals for the Eighth Circuit

Decided April 26, 1941No. 11853PublishedCited by 5 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

The question presented is whether the business of a farmers’ co-operative marketing association was being conducted in such a manner as to entitle it to tax exemption under section 101 of the Revenue Acts of 1936 and 1938, 26 U.S.C.A. Int.Rev.Code, § 101.

The Commissioner of Internal Revenue denied the association’s claim for exemption and its subsequent claims for refunds, and it then brought suit under 28 U.S.C.A. § 41, to recover the amount of income, excess profits, and capital stock taxes which it had been obliged to pay for the years 1936 to 1939, inclusive. The…

2Cases cited6 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Crooks v. Kansas City Hay Dealers' Ass'nCourt of Appeals for the Eighth Circuit · 1929
  3. NORTHWESTERN JOBBERS'CREDIT BUREAU v. Com'r of Int. Rev.Court of Appeals for the Eighth Circuit · 1930
  4. Farmers Union Co-Op. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937
  5. Farmers Co-Operative Co. v. United StatesUnited States Court of Claims · 1938

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

3Cited by5 opinions

  1. Farmers Cooperative Co. v. BirminghamDistrict Court, N.D. Iowa · 1949
  2. Union Equity Cooperative Exchange v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1973
  3. Union Equity Cooperative Exchange v. CommissionerUnited States Tax Court · 1972
  4. United Grocers, Ltd. v. United StatesDistrict Court, N.D. California · 1960
  5. Union Equity Cooperative Exchange v. CommissionerUnited States Tax Court · 1972

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