COTTER AND CO. v. UNITED STATES

Appeal No. 85-626.

765 F.2d 1102 (1985)

COTTER AND COMPANY and Subsidiaries, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

June 26, 1985.


Attorney(s) appearing for the Case

George W. Benson, McDermott, Will & Emery, Chicago, Ill., argued for appellant. With him on the brief was James L. Malone, III.

John Patrick Griffin, Tax Div., Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Richard W. Perkins.

Thomas F. Wenning, Washington, D.C., was on the brief for amicus curiae.

Martin B. Amdur, Sanford F. Remz and Hugh B. Jacobson, Weil, Gotshal, and Manges, New York City, N.Y., were on the brief for amicus curiae, of counsel.

Before MARKEY, Chief Judge, RICH, Circuit Judge, and NICHOLS, Senior Circuit Judge.


NICHOLS, Senior Circuit Judge.

The question presented on appeal is whether interest income from commercial paper and certificates of deposits (CDs) and income accruing from the rental of warehouse space are earnings from business done "with or for" patrons of a cooperative, under 26 U.S.C. § 1388, when the functions of the cooperative are the manufacture, distribution, and purchase of hardware and related goods in volume for its members. In this tax refund suit...

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