- 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 performancePage: 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