- 4 - The Schmidts raise corn and operate a dairy on the Schmidt farm. In the dairy operation, cows are milked twice daily. In addition, the cows are bred once a year (usually in the winter). When the cows are calving (especially with first-time calving heifers), they must be checked at least every 4 hours, usually on a 24-hour basis. In addition to the Schmidt farm, Mr. Schmidt individually owns 80 additional acres which he acquired in 1987. The 80 acres are farmed by Mr. Schmidt as a sole proprietor. B. Hillside Dairy On January 7, 1993, Hillside Dairy was incorporated under the laws of the State of South Dakota.3 Hillside Dairy was organized primarily to raise grain and operate a dairy. The Schmidts have been the sole shareholders, officers, and directors of Hillside Dairy since its incorporation. Mr. Schmidt has been president, treasurer, and a director, and Mrs. Schmidt has been vice president, secretary, and a director, of Hillside Dairy. Article IV, section 10, of the bylaws of Hillside Dairy provides: SECTION 10. Repayment of Disallowed Expenses. Any expense paid by the Corporation which is finally determined as a personal expense of any officer or employee and disallowed as Corporation expense shall be 3Douglas Bleeker, counsel for petitioners, prepared the articles of incorporation, bylaws, minutes of meetings, and other corporate documents for Hillside Dairy.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011