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Des Moines County Farm Service Company v. United States

DES MOINES COUNTY FARM SERVICE COMPANY, Appellant, v. UNITED STATES of America, Appellee

Des Moines Cnty. Farm Serv. Co. v. United States, 448 F.2d 776 (8th Cir. 1971)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
October 5, 1971
Docket
No. 71-1153_1
Judges
Vogel, Gibson, Lay
Citations
448 F.2d 77628 A.F.T.R.2d (RIA) 56941971 U.S. App. LEXIS 7750

Opinion — Per Curiam

PER CURIAM. • This is a suit instituted by Des Moines County Farm Service Company, a non-exempt (under Subehapter T of the Internal Revenue Code of 1954, 26 U.S.C. § 1381 , et seq.) marketing and purchasing farmers cooperative organization seeking refunds on federal income taxes paid by it for fiscal years 1964 and 1965. The issue on appeal was stipulated by the parties as follows: “Whether in computing [taxpayer’s] allowable patronage dividend deduction for federal income tax purposes, cash *777 dividends on capital stock may be deducted solely from [taxpayer’s] nonmember and non-patronage income, thereby increasing the amount of net income available for patronage dividends to members, as provided by [taxpayer’s] By-Laws, or whether cash dividends on capital stock must be deducted from member, non-member and non-patronage income on a ratable basis, thereby reducing the amount of net income available for patronage dividends to members, as contended by the United States.”

The District Court, in a well-considered opinion by Stephenson, Chief Judge, denied the refund.

Because we are in complete agreement with Chief Judge Stephenson’s opinion as published in 324 F.Supp. 1216, 1971 , S.D.Iowa C.D., we affirm on the basis thereof.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11973: 11976: 11980: 11981: 11986: 11994: 12019: 119722026peak 1972 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Des Moines Cnty. Farm Serv. Co. v. United States, 324 F. Supp. 1216 (S.D. Iowa 1971) 9

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