- 2 - After resolution of other issues as a result of Bot v. Commissioner, 353 F.3d 595 (8th Cir. 2003), affg. 118 T.C. 138 (2002), the sole issue remaining for decision is whether petitioners are entitled to defer income. Some of the facts in this case have been stipulated and are so found. Petitioners resided in Balaton, Minnesota, at the time they filed their petition. Section 7491 does not affect the outcome because petitioners’ liability for the deficiencies is decided on the preponderance of the evidence. During taxable years 1994 and 1995, petitioner Keith Scherbart (petitioner) was a member of Minnesota Corn Processors (MCP). MCP is an agricultural cooperative organized under the laws of the State of Minnesota and owned by corn producers for the purpose of marketing and processing their corn. Under the Uniform Marketing Agreement, petitioner designated MCP as petitioner’s agent. Petitioner was obligated to deliver bushels of corn equal to the number of “Units of Equity Participation” he held in MCP. MCP required 3 deliveries of raw corn per year. Members were permitted to fulfill their delivery obligations through a variety of means, including the use of MCP’s “pool” corn. “Pool” corn is corn purchased and maintained by MCP, and at the request of a member is used to fulfill a specified portion of the member’s delivery obligation. DuringPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011