- 28 - Although patronage dividends are deductible by the cooperative, the patron must include the amount of any patronage dividend in income. Sec. 1385(a)(1). Accordingly, when income from the cooperative's business is distributed as a patronage dividend, the cooperative and its patrons pay only "a single current tax with respect to the income of the cooperative, either at the level of the cooperative or at the level of the patron." S. Rept. 1881, 87th Cong., 2d Sess. 111 (1962), 1962-3 C.B. 707, 822. However, nonexempt cooperatives, such as petitioner, are taxed like ordinary C corporations on business not conducted with patrons. Gold Kist Inc. v. Commissioner, supra at 708. "Consequently, income from nonpatronage business is taxed to the cooperative, and, if the balance is distributed to patrons, the income is taxed again to the patrons." Id. Petitioner purchases products from vendors and resells the products to member and nonmember stores. Petitioner profits from its sales. The profit from sales to nonmember stores is allocated to petitioner's retained earnings. However, profit from business conducted with patrons is treated differently. As a cooperative, petitioner can distribute the profit it earns from patronage business to the shareholders who own the member stores and claim a deduction for this amount. Sec. 1382(b). Thus, income from cooperative activities will bePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011