Legal Opinion

Certified Grocers of California, Ltd. v. Commissioner

United States Tax Court

Decided February 4, 1987No. Docket No. 22517-83PublishedCited by 12 opinions

P, a nonexempt cooperative, derived certain income from interest on short-term loans which R determined was income from nonpatronage sources within the meaning of subchapter T, I.R.C. 1954. Under the facts, held: That a portion of the interest was patronage-sourced as it was derived from funds held to provide the liquidity necessary to finance P's operations. The remainder of the interest was nonpatronage-sourced.

Read the full summary

P, a nonexempt cooperative, derived certain income from interest on short-term loans which R determined was income from nonpatronage sources within the meaning of subchapter T, I.R.C. 1954. Under the facts, held: That a portion of the interest was patronage-sourced as it was derived from funds held to provide the liquidity necessary to finance P's operations. The remainder of the interest was nonpatronage-sourced. Because of petitioner's failure to report the patronage-sourced interest as income in the first instance, although claiming a patronage deduction with respect thereto, R's…

1Opinion of the Court

OPINION

KÓRNER, Judge:2

Respondent determined deficiencies in Federal income taxes for petitioner and certain consolidated subsidiaries for the 1979, 1980, and 1981 taxable years3 as follows:

Taxable year Deficiency

1979 . $2,042,782

1980 . 1,005,038

1981 . 2,825,142

After concessions, the issues for decision are: (1) Whether interest income earned by petitioner from its surplus cash constituted “patronage-sourced” income within the meaning of subchapter T, to any extent;4 (2) if not, whether petitioner can offset the nonpatronage-sourced interest income with a portion of its patronage-sourced…

2Cases cited10 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Jasionowski v. CommissionerUnited States Tax Court · 1976
  3. Burnet v. Commonwealth Improvement Co.Supreme Court of the United States · 1932
  4. Television Industries, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1960
  5. Associated Milk Producers, Inc. v. CommissionerUnited States Tax Court · 1977

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

3Cited by12 opinions

  1. Concord Consumers Hous. Coop. v. CommissionerUnited States Tax Court · 1987
  2. Buckeye Countrymark v. CommissionerUnited States Tax Court · 1994
  3. CF Indus., Inc. v. CommissionerUnited States Tax Court · 1991
  4. CF Industries, Inc. v. CommissionerCourt of Appeals for the Seventh Circuit · 1993
  5. Cf Industries, Inc. v. Commissioner Of Internal RevenueCourt of Appeals for the Seventh Circuit · 1993

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API