The Board of Trade of the City of Chicago and Subsidiaries - Page 38

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          petitioner and directly paid for capital assets used for the                
          production of income in petitioner’s trade or business, and there           
          would have been no tenable argument that the payments were in               
          consideration for goods or services.  The transfer fees, paid at            
          the time of the acquisition of a membership, reduce the principal           
          of the mortgage debt on the CBOT building each year.  The                   
          periodic collection of the transfer fees is the equivalent of               
          installment payments for the building.  We fail to see a                    
          significant difference where petitioner's members make their                
          capital contributions in “installments instead of all at once."             
          See Lake Forest, Inc. v. Commissioner, T.C. Memo. 1963-39; see              
          also sec. 49.4243-2(a), Excise Tax Regs. supra note 18, which               
          equate amounts paid to retire mortgage indebtedness incurred to             
          finance construction or reconstruction of capital improvements              
          with exempt payments for capital improvements.                              
               Petitioner's members have not paid dues since at least 1990.           
          The dues were eliminated because of a surplus in petitioner's               
          operating revenues, largely attributable to petitioner’s lease              
          revenues and transaction fees.  The nonpayment of dues is a form            
          of additional profit to the members.  See Minnequa Univ. Club v.            
          Commissioner, T.C. Memo 1971-305.  The transfer fees, therefore,            
          help finance the major sources of petitioner's revenues and                 
          directly increase the members' profit potential from their                  
          investment.                                                                 





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