Legal Opinion

Vander Hoek v. Commissioner

United States Tax Court

Decided October 29, 1968No. Docket Nos. 3754-66, 3756-66Published

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

Ralph Vander Hoek and Elizabeth Vander Hoek, Petitioners v. Commissioner of Internal Revenue, Respondent; Henry Struikmans and Nellie Struikmans, Petitioners v. Commissioner of Internal Revenue, Respondent

Vander Hoek v. Commissioner

Docket Nos. 3754-66, 3756-66

United States Tax Court

51 T.C. 203; 1968 U.S. Tax Ct. LEXIS 33;

October 29, 1968, Filed

Decisions will be entered under Rule 50.

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…

2Cases cited10 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

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