Guest guest Posted December 31, 2005 Report Share Posted December 31, 2005 Excellent points. One more crucial test : what kind of an exit strategem is there for a partner and/or the farmer to disengage in cases when one wants out, or the Manager wants to get an awkward shareholder off his back ?UN learned as I am in law, I believe that the clincher is whether the partners participate in both risk and reward.That's the test used in the [ iniquitous ] federal Income Tax Act up here. The Supreme Court of Canada just came down lately with a landmark case pronouncing that the onus is on Canada Revenue Agency to prove that any given transaction is a "sham". Whereas up to now, a poor suffering taxserf had to justify hisself, whenever the racketeers raised an eyebrow.NOT that we want to get anywhere near the slough of despond which the income tax racket is! ________________>> I am getting pretty annoyed that so many people automatically look as cow> (or goat) shares as a "sham" to avoid having trouble selling milk. Cow and> Goat share operators have their own reasons and business plans, but as a> share operator I believe we shortchange ourselves and create ill attitudes> by saying the old "well of course it is to circumvent raw milk laws" Not> necessarily. There are numerous reasons and benefits to operate a share> program, both for the operator and the share owner.> > By falling for the govt's "sham" theory, people are denying the validity of> basic contract law.> > Are time shares just a "sham" to "pretend" you own a vacation home?> Certainly not! They are legal, contractual ownerships of a certain> percentage (measured in time used) of a home that people neither want to> have complete ownership and responsibility for, nor can afford, both> time-wise and dollar-wise.> > > > For the farmer, operating a share program means:> > > > Less capital investment (the shareowners pay for much of the cow/goat)> > Ability to plan based upon shareowner commitments> > Regular income from maintenance/boarding fees> > Relationship building between the farming culture and non farmers> > The farmer does not have to be concerned about whether or not his market> will fluctuate weekly, daily or monthly. He can plan the inventory for> freshness, and more adequately and efficiently have product delivered.> > > > For the Share owner:> > > > An assurance of regular availability of product, with No worries about none> in the store, or getting almost outdated stock.> > > > A stake in the production methodology of the product produces by his animal.> > > > An opportunity to develop an understanding of the mechanisms of farming> while being a responsible partner.> > Relationship building between the farming culture and non farmers.> > > > All in all, I see a good number of benefits to the share concept. I have 2> families that own a cow all themselves! They are large families, suburban,> like the benefits of raw dairy, love the farm visits, but don't want the> responsibility of a cow of their own! Other share owners simply are in no> position to have an animal, but love the opportunity to have ownership in> part.> > > > I am pleased with how my share operation has allowed me to enjoy my farming,> with a steady income, and the opportunity to educate my shareowners about> raw dairy and farm life. I am totally uninterested in retail sales, this> works much better for me, and my shareowners, for the most part are happy> with it also.> > > > > > Please, guys DO NOT presume that share operations are simply a way to get> by, when in actuality they are a legitimate and beneficial business model.> So say otherwise is to play right into the hands of the nay sayers and do> many share operations a great disservice.> > > > kathryn russell> > www.MajestyFarm.com <http://www.majestyfarm.com/> > > > > "The one the tyrants fear is the man who > > knows his rights and is prepared to stand up for them." > > andr> <http://www.google.com/search?hl=en & q=andr+Solzhenitsyn+ & spell=1>> Solzhenitsyn> Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 31, 2005 Report Share Posted December 31, 2005 You make some good points. For example, I have been asked “what happens if the cow dies?” Well, I say, we bury her…. I was asked that by a state official also and she kind of blubberedJ But that is an issue of ownership. If shareowners wish to purchase insurance, they are welcome to try, but I am not interested in dealing w/ that issue. A share owner can, at any time, sell their share. It is not, however, a responsibility of the operator to arrange such. Since cows are a depreciating commodity, the share values are also depreciating in my contract. Things to think about…. kathryn russell www.MajestyFarm.com " The one the tyrants fear is the man who knows his rights and is prepared to stand up for them. " andr Solzhenitsyn From: RawDairy [mailto:RawDairy ] On Behalf Of Gordon S. Sent: Saturday, December 31, 2005 6:28 PM To: RawDairy Subject: Re: Cow sharing as a sham Excellent points. One more crucial test : what kind of an exit strategem is there for a partner and/or the farmer to disengage in cases when one wants out, or the Manager wants to get an awkward shareholder off his back ? UN learned as I am in law, I believe that the clincher is whether the partners participate in both risk and reward. That's the test used in the [ iniquitous ] federal Income Tax Act up here. The Supreme Court of Canada just came down lately with a landmark case pronouncing that the onus is on Canada Revenue Agency to prove that any given transaction is a " sham " . Whereas up to now, a poor suffering taxserf had to justify hisself, whenever the racketeers raised an eyebrow. NOT that we want to get anywhere near the slough of despond which the income tax racket is! ________________ > > I am getting pretty annoyed that so many people automatically look as cow > (or goat) shares as a " sham " to avoid having trouble selling milk. Cow and > Goat share operators have their own reasons and business plans, but as a > share operator I believe we shortchange ourselves and create ill attitudes > by saying the old " well of course it is to circumvent raw milk laws " Not > necessarily. There are numerous reasons and benefits to operate a share > program, both for the operator and the share owner. > > By falling for the govt's " sham " theory, people are denying the validity of > basic contract law. > > Are time shares just a " sham " to " pretend " you own a vacation home? > Certainly not! They are legal, contractual ownerships of a certain > percentage (measured in time used) of a home that people neither want to > have complete ownership and responsibility for, nor can afford, both > time-wise and dollar-wise. > > > > For the farmer, operating a share program means: > > > > Less capital investment (the shareowners pay for much of the cow/goat) > > Ability to plan based upon shareowner commitments > > Regular income from maintenance/boarding fees > > Relationship building between the farming culture and non farmers > > The farmer does not have to be concerned about whether or not his market > will fluctuate weekly, daily or monthly. He can plan the inventory for > freshness, and more adequately and efficiently have product delivered. > > > > For the Share owner: > > > > An assurance of regular availability of product, with No worries about none > in the store, or getting almost outdated stock. > > > > A stake in the production methodology of the product produces by his animal. > > > > An opportunity to develop an understanding of the mechanisms of farming > while being a responsible partner. > > Relationship building between the farming culture and non farmers. > > > > All in all, I see a good number of benefits to the share concept. I have 2 > families that own a cow all themselves! They are large families, suburban, > like the benefits of raw dairy, love the farm visits, but don't want the > responsibility of a cow of their own! Other share owners simply are in no > position to have an animal, but love the opportunity to have ownership in > part. > > > > I am pleased with how my share operation has allowed me to enjoy my farming, > with a steady income, and the opportunity to educate my shareowners about > raw dairy and farm life. I am totally uninterested in retail sales, this > works much better for me, and my shareowners, for the most part are happy > with it also. > > > > > > Please, guys DO NOT presume that share operations are simply a way to get > by, when in actuality they are a legitimate and beneficial business model. > So say otherwise is to play right into the hands of the nay sayers and do > many share operations a great disservice. > > > > kathryn russell > > www.MajestyFarm.com <http://www.majestyfarm.com/> > > > > " The one the tyrants fear is the man who > > knows his rights and is prepared to stand up for them. " > > andr > <http://www.google.com/search?hl=en & q=andr+Solzhenitsyn+ & spell=1> > Solzhenitsyn > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 31, 2005 Report Share Posted December 31, 2005 Well, hmmm....do people ever buy insurance for their time shares in condos? I mean what if the condo burns down or gets blown away in a hurricane? Who carries the insurance for that? D. > > You make some good points. For example, I have been asked " what happens if > the cow dies? " > > Well, I say, we bury her.. > > > > I was asked that by a state official also and she kind of blubbered:-) But > that is an issue of ownership. If shareowners wish to purchase insurance, > they are welcome to try, but I am not interested in dealing w/ that issue. > > > > A share owner can, at any time, sell their share. It is not, however, a > responsibility of the operator to arrange such. > > Since cows are a depreciating commodity, the share values are also > depreciating in my contract. > > > > Things to think about.. > > > > kathryn russell > > www.MajestyFarm.com <http://www.majestyfarm.com/> > > > > " The one the tyrants fear is the man who > > knows his rights and is prepared to stand up for them. " > > andr > <http://www.google.com/search?hl=en & q=andr+Solzhenitsyn+ & spell=1> > Solzhenitsyn > > > > _____ > Quote Link to comment Share on other sites More sharing options...
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