Ohio Farm Bureau Federation, Inc. - Page 11

                                       - 11 -                                         
          and other cooperatives.  Petitioner has also afforded some                  
          visibility to Countrymark, the merged entity, by mentioning it in           
          the Buckeye Farm News and permitting Countrymark representatives            
          to appear at petitioner’s youth camps and annual meetings.                  

                                       OPINION                                        

               The parties agree that petitioner is a "Labor, agricultural,           
          or horticultural" organization exempt from tax pursuant to                  
          section 501(c)(5).  Such organizations are described in the                 
          regulations as those that (1) have no net earnings inuring to the           
          benefit of any member and (2) have as their objects the                     
          betterment of the conditions of those engaged in agricultural               
          pursuits, the improvement of the grade of their products, and the           
          development of a higher degree of efficiency in their                       
          occupations.  Sec. 1.501(c)(5)-1, Income Tax Regs.                          
               Notwithstanding this general exemption from taxation,                  
          section 511(a) imposes a tax on the "unrelated business taxable             
          income" (UBTI) of section 501(c)(5) organizations.  UBTI is                 
          defined in section 512(a)(1) as "the gross income derived by any            
          organization from any unrelated trade or business (as defined in            
          section 513) regularly carried on by it, less the deductions                
          * * * which are directly connected with the carrying on of such             
          trade or business".  Section 513(a), in turn, defines "unrelated            
          trade or business" as "any trade or business the conduct of which           
          is not substantially related * * * to the exercise or performance           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011