The Board of Trade of the City of Chicago and Subsidiaries - Page 19

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          incorporated non-stock social club to repair and improve the                
          club's building held to be capital contributions even though the            
          club's principal business was providing services to its members);           
          Lake Forest, Inc. v. Commissioner, T.C. Memo. 1963-39 (payments             
          by members to a cooperative housing corporation to meet mortgage            
          amortization obligations were held to be capital contributions              
          even though members also leased property from the corporation).             
          Because petitioner's members have a dual role as users of the               
          CBOT services and facilities and holders of equity interests in             
          the CBOT, we must determine whether the payments were made in               
          consideration of the receipt of goods or services from petitioner           
          or as an investment in the capital of the corporation.                      
               Respondent argues that the transfer fees are payments in               
          consideration of obtaining access to the trading facilities and             
          thus are ordinary income.  We disagree.  Petitioner charges its             
          members a separate transaction fee for each trade executed on the           
          exchange.  A transaction fee is paid in consideration of the use            
          of the trading facilities every time a trade is executed.  The              
          transaction fees amounted to more than $40 million in each of the           
          3 years in issue and are petitioner’s primary source of revenue.            
          We are not persuaded that the transfer fees, amounting to less              
          than 1 percent of the transaction fees charged for actual use of            
          the trading facilities, are payments in consideration of the use            







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