Affiliated Foods, Inc., A Corporation - Page 3




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               Respondent increased petitioner’s gross income for each of             
          the audit years on account of those payments and denied                     
          petitioner any offsetting deductions on the ground that the                 
          payments are nondeductible patronage dividends.  In part,                   
          respondent defends against petitioner’s assignments of error by             
          claiming that petitioner is precluded from challenging                      
          respondent’s adjustments on the basis of the outcome in                     
          Affiliated Foods, Inc. v. Commissioner, T.C. Memo. 1996-505,                
          affd. in part, revd. in part and remanded 154 F.3d 527 (5th Cir.            
          1998); on remand T.C. Memo. 1999-136.  Petitioner denies that it            
          is precluded from challenging the adjustments and claims that it            
          did not receive the payments, but, if it did, the payments either           
          did not increase its gross income because of offsetting                     
          adjustments or, if they did increase its gross income, it was               
          entitled to offsetting deductions.                                          
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code as in effect for the audit years.  The            
          references to subchapter T are to that subchapter (sections 1381            
          through 1388) of chapter 1 of subtitle A of the Internal Revenue            
          Code.  Subchapter T deals with cooperatives and their patrons.              













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