Ohio Farm Bureau Federation, Inc. - Page 15

                                       - 15 -                                         
          promote cooperative activity among the farmers.  Petitioner                 
          believed that the use of cooperatives was beneficial to farmers,            
          as evidenced by its historical involvement in the cooperative               
          movement in Ohio.  We think that petitioner is in a unique                  
          position to perform the activities under the service contract               
          given its distinctive relationship with Ohio farmers, and we find           
          the activities to be unique to petitioner’s tax-exempt function.            
               In evaluating the relationship between the activities and              
          the purposes of an agricultural organization, the capacity in               
          which benefits are received by the organization’s members is as             
          important as the unique character of the organization’s                     
          activities.  For a substantial relationship to exist, the                   
          benefits flowing from the organization’s activities must inure to           
          the members as a group, rather than as individuals.  Professional           
          Ins. Agents of Mich. v. Commissioner, supra at 1103-1104;                   
          Louisiana Credit Union League v. United States, supra at 535-536.           
          Several factors are relevant in determining whether an activity             
          operates primarily to benefit individual members:  (1) Whether              
          fees charged are directly proportionate to benefits received; (2)           
          whether participation is limited to members and, thus, is of no             
          benefit to nonmembers in the industry; and (3) whether the                  
          service provided is one commonly provided by for-profit entities.           
          Illinois Association of Professional Ins. Agents v. Commissioner,           
          801 F.2d 987, 993 (7th Cir. 1986), affg. T.C. Memo. 1985-105;               
          Carolinas Farm & Power Equip. Dealers v. United States, 699 F.2d            




Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011