Legal Opinion

Keith Scherbart Janet Scherbart v. Commissioner of Internal Revenue

Court of Appeals for the Eighth Circuit

Decided July 5, 2006No. 05-1325PublishedCited by 7 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

Keith and Janet Scherbart appeal the ruling of the tax court 1 that they were not entitled to defer as income on their joint tax returns payments that Mr. Scherbart received from a corn-processing cooperative. We affirm.

Mr. Scherbart, a corn farmer, was a member of the Minnesota Corn Processors (MCP) cooperative during 1994 and 1995. As a member of MCP, Mr. Scherbart was obligated to make three deliveries of corn per year, with the total number of bushels delivered equaling the number of “units of equity participation” that he held in the cooperative. MCP processed the…

2Cases cited5 opinions

  1. Maryland Casualty Co. v. United StatesSupreme Court of the United States · 1920
  2. Richard J. Bot Phyllis Bot v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 2003
  3. Schniers v. CommissionerUnited States Tax Court · 1977
  4. Billy E. Arnwine and Shirley S. Arnwine v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983
  5. Harris C. Crimmins, Ruth Crimmins, Ruben Oster, Donna Oster, Elmer Gullickson, Lucille Gullickson v. United StatesCourt of Appeals for the Eighth Circuit · 1981

3Cited by7 opinions

  1. Nestlé Purina Petcare Co. v. CommissionerCourt of Appeals for the Eighth Circuit · 2010
  2. Wells Fargo & Company v. United StatesCourt of Appeals for the Eighth Circuit · 2020
  3. Heckman v. CommissionerCourt of Appeals for the Eighth Circuit · 2015
  4. RP Golf v. CommissionerCourt of Appeals for the Eighth Circuit · 2017
  5. Holman v. CommissionerCourt of Appeals for the Eighth Circuit · 2010

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