Legal Opinion

Rocco, Inc. v. Commissioner

United States Tax Court

Decided April 23, 1979No. Docket Nos. 4328-75, 4329-75, 4330-75PublishedCited by 5 opinions

Rocco, Inc., the parent corporation, operated primarily as a poultry feed mill and contract grower of poultry, principally broilers. In 1971, for business reasons, Rocco, Inc., decided to go into the broiler processing business. Rocco, Inc., and Marval, a turkey processor and customer of Rocco, Inc., formed Rocco Farm Foods, Inc., to operate the broiler processing business, Rocco, Inc., acquiring 80 percent of the stock and Marval 20 percent of the stock of Farm Foods.

Read the full summary

Rocco, Inc., the parent corporation, operated primarily as a poultry feed mill and contract grower of poultry, principally broilers. In 1971, for business reasons, Rocco, Inc., decided to go into the broiler processing business. Rocco, Inc., and Marval, a turkey processor and customer of Rocco, Inc., formed Rocco Farm Foods, Inc., to operate the broiler processing business, Rocco, Inc., acquiring 80 percent of the stock and Marval 20 percent of the stock of Farm Foods. Rocco Broiler Farms was then formed as a wholly owned subsidiary of Farm Foods, to raise the broilers which were sold to Farm…

1Opinion of the Court

Drennen, Judge:

In these consolidated cases respondent determined deficiencies in petitioners' income tax as follows:

Docket No. Petitioner Year Deficiency

4328-75 Rocco, Inc . 1970 $13,631.90

4329-75 Rocco Turkeys, Inc . 1968 61,207.60

1969 162,833.18

1970 138,510.42

4330-75 Rocco, Inc., et al . 1972 171,317.00

Concessions were made by both parties, leaving for our consideration only one issue. In 1971, petitioners Rocco, Inc., and Rocco Turkeys, Inc., both of which were on the accrual method of accounting, each formed a controlled corporate subsidiary to conduct certain phases of their integrated…

2Cases cited20 opinions

  1. Higgins v. SmithSupreme Court of the United States · 1940
  2. Frank Lyon Co. v. United StatesSupreme Court of the United States · 1978
  3. United States v. CattoSupreme Court of the United States · 1966
  4. Van Raden v. CommissionerUnited States Tax Court · 1979
  5. Alinco Life Insurance Company v. The United StatesUnited States Court of Claims · 1967

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

3Cited by5 opinions

  1. Bickes-Wilbert Burial Vault Co. v. CommissionerUnited States Tax Court · 1986
  2. Cochran Hatchery, Inc. v. CommissionerUnited States Tax Court · 1979
  3. Fairfield Communities Land Co. v. CommissionerUnited States Tax Court · 1984
  4. Rocco, Inc. v. CommissionerUnited States Tax Court · 1979
  5. Woolley v. CommissionerUnited States Tax Court · 1991

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

Powered by the Exa API