Legal Opinion

Des Moines County Farm Service Co. v. United States

District Court, S.D. Iowa

Decided January 22, 1971No. Civ. No. 8-2355-C-2PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

STEPHENSON, Chief Judge.

Section 1382(b) (1) of the Internal Revenue Code of 1954 is part of Sub-chapter T relating to the taxation of cooperatives and their patrons.1 It provides that the taxable income of all cooperatives (with exceptions not applicable here) shall not include amounts paid or allocated as patronage dividends. This action for refund of corporate income taxes presents the narrow and perhaps first impression issue whether the total amount paid or allocated to member patrons is excludible from taxable income as patronage dividends.2

The facts are established…

2Cases cited8 opinions

  1. United States v. CorrellSupreme Court of the United States · 1967
  2. Bingler v. JohnsonSupreme Court of the United States · 1969
  3. Fribourg Navigation Co. v. CommissionerSupreme Court of the United States · 1966
  4. Farmers Cooperative Co. v. BirminghamDistrict Court, N.D. Iowa · 1949
  5. United States v. Mississippi Chemical CompanyCourt of Appeals for the Fifth Circuit · 1964

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

3Cited by13 opinions

  1. Union Equity Cooperative Exchange v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1973
  2. Union Equity Cooperative Exchange v. CommissionerUnited States Tax Court · 1972
  3. Farm Service Cooperative v. Commissioner of Internal Revenue, National Council of Farmer Cooperatives, AmicusCourt of Appeals for the Eighth Circuit · 1980
  4. Buckeye Countrymark v. CommissionerUnited States Tax Court · 1994
  5. Des Moines County Farm Service Company v. United StatesCourt of Appeals for the Eighth Circuit · 1971

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

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