The Board of Trade of the City of Chicago and Subsidiaries - Page 35

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          payments made in each of the taxable years.  The members' equity            
          accounts increased each year by an amount no less than the                  
          transfer fees collected.                                                    
               Respondent argues that the members cannot have an investment           
          motive because they enjoy no right to any return of the amount of           
          transfer fees paid in connection with that membership.  We are              
          not persuaded.  There is no requirement that the payments                   
          directly increase the individual payor's equity interest on a               
          dollar-for-dollar basis.  Nor is there any requirement that a               
          member must have a right to recover from petitioner the amount of           
          the transfer fee paid.21  Although an individual member's                   
          interest does not directly reflect the amount of transfer fees              
          paid in connection with that membership, members' equity as a               
          whole is increased by each transfer fee paid.  See Concord                  
          Village, Inc. v. Commissioner, 65 T.C. 142, 156 (1975).  We are             





          21  Respondent seems to be arguing that, in order for the                   
          transfer fees to be capital contributions, petitioner must                  
          maintain a capital account for each member that directly reflects           
          the actual amounts paid in respect of that particular membership            
          interest.  Petitioner is a corporation, not a partnership.  There           
          is no such requirement for corporations.  A corporation is a                
          separate legal entity, whereas a partnership is an aggregate of             
          its partners.  Partnership capital accounts reflect what each               
          partner can draw from the partnership.  A corporation does not              
          have individual drawing accounts for each of its shareholders.              
          Any shareholder simply has an ownership interest in this separate           
          entity represented by the number of shares owned by him.                    




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