The Board of Trade of the City of Chicago and Subsidiaries - Page 34

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          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.                                                                        




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