- 28 - could not resell their memberships or profit from appreciation in the value of the membership. We found the only benefit to the members was their right to use the club's facilities. In American Medical Association v. United States, 887 F.2d 760 (7th Cir. 1989), the Court of Appeals for the Seventh Circuit, to which an appeal in this case would lie, provided useful guidance in dealing with the member capital contribution issue. In holding that member dues placed in the AMA’s “association equity” reserve account were current membership receipts that could be allocated to circulation income in the year received, the court rejected the taxpayer’s alternative argument that membership fees so placed “should be likened to capital contributions.” Id. at 773. The Court of Appeals explained: The problem with this argument is that the AMA members received nothing in return for their “investment” in the AMA other than the right to receive the benefits of membership in the single annual period for which dues were assessed. In exchange for a capital contribution the contributor receives a future or residual claim, for example, for return of capital as dividends or as the proceeds of liquidation. A capital contribution is in the nature of an investment whereby the investor purchases a continuing interest in an enterprise.14 In this case there is no evidence that AMA members received anything more for their annual membership fee than an annual membership; they received no claim of future benefit. 14. See, e.g., Commissioner v. Fink, 483 U.S. 89, 97 * * * (1987) (contributors must intend “to protect or increase the value of their investment in the corporation”); In the Matter of Larson, 862 F.2d 112, 117 (7th Cir. 1988)(capital contribution characterizedPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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