Dixie Dairies Corp. v. Commissioner
United States Tax Court
1. Cash rebates paid by petitioners, wholesale milk dealers, to their customers, retail milk dealers, are excludable from petitioners' gross income. Sec. 162(c)(2), I.R.C. 1954, not applicable.
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1. Cash rebates paid by petitioners, wholesale milk dealers, to their customers, retail milk dealers, are excludable from petitioners' gross income. Sec. 162(c)(2), I.R.C. 1954, not applicable. Pittsburgh Milk Co. v. Commissioner, 26 T.C. 707 (1956); Atzingen-Whitehouse Dairy, Inc. v. Commissioner, 36 T.C. 173 (1961); Max Sobel Wholesale Liquors v. Commissioner, 69 T.C. 477 (1977), followed. 2. Advances made by Associated Grocers of Alabama, Inc., to Radio Broadcasting Co., one-third of whose stock it owned with an option to buy the other two-thirds, and which it operated, were contributions…
1Opinion of the Court
Drennen, Judge:
In these consolidated cases, respondent determined the following deficiencies in, and additions to, petitioners’ Federal corporate income taxes:
Taxable year Docket No. Petitioner ending Addition to tax Deficiency under sec. 6S5S(a)2
3538-75 Dixie Dairies Corp.Feb. 29, 1972 $59,075.40 $2,953.77
Feb. 28, 1973 56,931.26 2,846.56
3539-75 Dairy Fresh Corp.Feb. 29, 1972 13,290.09 803.05
Feb. 28, 1973 66,795.41 3,339.77
10803-75 Pure Milk Co.Dec. 81, 1970 32,834.65 ---
Dec. 31, 1971 148,140.95 ---
1588-76 Consolidated Dairies Co., Inc .Mar. 28, 19703 $25.00 ---
Apr. 3, 1971 5,982.71 $299.14
Apr…
2Cases cited17 opinions
- John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
- Fin Hay Realty Co. v. United StatesCourt of Appeals for the Third Circuit · 1968
- Estate of Travis Mixon, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Alterman Foods, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Litton Business Systems, Inc. v. CommissionerUnited States Tax Court · 1973
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3Cited by100 opinions
- Recklitis v. CommissionerUnited States Tax Court · 1988
- Segel v. CommissionerUnited States Tax Court · 1987
- Calumet Industries, Inc. v. CommissionerUnited States Tax Court · 1990
- Max Sobel Wholesale Liquors v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
- Tifd Iii-E, Inc. v. United States of America, Docket No. 05-0064-CvCourt of Appeals for the Second Circuit · 2006
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