- 34 - in the book entries. Only then are the amounts in the book entries reclassified as “unrestricted capital”. The bylaw restriction in rule 243 and the accounting ledger accounts sufficiently restrict the amounts of the transfer fees collected until an equal amount is paid toward the mortgage principal.20 We thus conclude that petitioner's rule 243 and its accounting procedures sufficiently earmark the transfer fees for use in reducing its mortgage debt, a designated capital expenditure. The second factor is whether the equity interest of the members increased because of the contribution to the membership organization. There is no dispute that petitioner's members are the equity owners of petitioner. They have voting rights and liquidation rights according to the interest held, and their interests are freely transferable to qualified purchasers or transferees. Because petitioner's largest liability is the mortgage on the CBOT building, any decrease in that liability directly increases petitioner's members' equity. The transfer fees accounted for over $300,000 of the mortgage principal 20 The Commissioner in Maryland Country Club v. United States, supra, argued that earmarking, under sec. 4243, required that the taxpayer record the funds in a separate bookkeeping account, which was to be matched by available qualified funds in a bank account, and/or to designate funds as capital contributions by some formal mechanism such as a bylaw. In the case at hand, petitioner records the transfer fees in separate bookkeeping accounts, which are always matched by available qualified funds in its general bank account, and the transfer fees are designated as capital contributions by petitioner’s rule 243.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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