- 38 - 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.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011