Tax Returns and Tax Deficiencies. Each Unit Holder agrees that such Unit Holder shall not treat any Company item inconsistently on such Unit Holder's federal, state, foreign, or other income tax return with the treatment of the item on the Company's return. Any deficiency for taxes imposed on any Unit Holder (including penalties, additions to tax, or interest imposed with respect to such taxes and taxes imposed pursuant to Code Section 6226 as amended by the BBA) will be paid by such Unit Holder and if required to be paid (and actually paid) by the Company, will be recoverable from such Unit Holder as provided in Section 4.2.
Appears in 3 contracts
Samples: Member Control Agreement, Member Control Agreement (Heron Lake BioEnergy, LLC), Member Control Agreement
Tax Returns and Tax Deficiencies. Each Unit Holder agrees that such Unit Holder shall not treat any Company item inconsistently on such Unit Holder's ’s federal, state, foreign, foreign or other income tax return with the treatment of the item on the Company's ’s return. Any deficiency for taxes imposed on any Unit Holder (including penalties, additions to tax, tax or interest imposed with respect to such taxes and any taxes imposed pursuant to Code Section 6226 as amended by the BBA) will be paid by such Unit Holder and if required to be paid (and actually paid) by the Company, will be recoverable from such Unit Holder as provided in Section 4.2.
Appears in 3 contracts
Samples: Operating Agreement (Highwater Ethanol LLC), Operating Agreement, Operating Agreement (Cardinal Ethanol LLC)