GOLD KIST, INC. v. C.I.R.

No. 96-8257.

110 F.3d 769 (1997)

GOLD KIST, INC., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 21, 1997.


Attorney(s) appearing for the Case

B. Harvey Hill, Jr., Timothy J. Peaden, Pinney L. Allen, Ben E. Muraskin, Alston & Bird, Atlanta, GA, for Petitioner-Appellant.

Steve Parks, Gary R. Allen, Chief, Appellate Section, Richard Farber, Tax Division, Dept. of Justice, Washington, DC, for Respondent-Appellee.

Before COX and BLACK, Circuit Judges, and FAY, Senior Circuit Judge.


PER CURIAM:

Gold Kist, Inc. ("Gold Kist") is a nonexempt farmers cooperative taxable under Subchapter T of the Internal Revenue Code, 26 U.S.C. §§ 1381-88 (1986). The Internal Revenue Service ("IRS") determined that Gold Kist's income taxes for three tax years were deficient because Gold Kist did not include in its gross income the difference between the stated value of qualified written notices of allocation and...

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