Legal Opinion
Cotter and Company and Subsidiaries v. The United States
Court of Appeals for the Federal Circuit
Decided June 26, 1985No. Appeal 85-626PublishedCited by 13 opinions
1Opinion of the Court
NICHOLS, Senior Circuit Judge.
The question presented on appeal is whether interest income from commercial paper and certificates of deposits (CDs) and income accruing from the rental of warehouse space are earnings from business done “with or for” patrons of a cooperative, under 26 U.S.C. § 1388, when the functions of the cooperative are the manufacture, distribution, and purchase of hardware and related goods in volume for its members. In this tax refund suit, the Claims Court held that the transactions were not business done for patrons, and the income generated could not be considered…
2Cases cited8 opinions
- Helvering v. GerhardtSupreme Court of the United States · 1938
- Gulf States Steel Co. v. United StatesSupreme Court of the United States · 1932
- St. Louis Bank for Cooperatives v. United StatesUnited States Court of Claims · 1980
- Mississippi Valley Portland Cement Company v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Land O'lakes, Inc., Formerly Land O'Lakes Creameries, Inc., a Minnesota Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Illinois Grain Corp. v. CommissionerUnited States Tax Court · 1986
- Buckeye Countrymark v. CommissionerUnited States Tax Court · 1994
- Certified Grocers of California, Ltd. v. CommissionerUnited States Tax Court · 1987
- CF Indus., Inc. v. CommissionerUnited States Tax Court · 1991
- Washington-Oregon Shippers Cooperative, Inc. v. CommissionerUnited States Tax Court · 1987
8 more not listed; retrieve them via the Exa API.