Thwaites Terrace House Owners Corp. - Page 9

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          basis and to farmers' cooperatives that are exempt under section            
          521.                                                                        
               We first decide whether petitioner is subject to subchapter            
          T.  If petitioner is subject to subchapter T, then we must also             
          decide whether petitioner's interest income was patronage or                
          nonpatronage sourced income.                                                
          B.   Whether Petitioner Is Subject to Subchapter T                          
               1.  Background                                                         
               Respondent argues that petitioner is not subject to                    
          subchapter T because it does not operate on a cooperative basis.            
          Respondent argues in the alternative that, if subchapter T                  
          applies, petitioner's interest income is nonpatronage sourced               
          income that cannot be offset with petitioner's patronage                    
          expenses.                                                                   
               Petitioner argues that it operates on a cooperative basis              
          within the meaning of section 1381(a)(2), and that it is governed           
          by subchapter T.                                                            
               Section 1381(a) specifies the organizations that are subject           
          to subchapter T.  Petitioner is not a farmers' cooperative and is           
          not exempt under section 521.  Thus, we consider whether                    
          petitioner is a corporation "operating on a cooperative basis".             
          Sec. 1381(a)(2).  If a corporation operates on a cooperative                
          basis under section 1381(a)(2), then it is subject to subchapter            
          T.  Trump Village Section 3, Inc. v. Commissioner, T.C. Memo.               
          1995-281.                                                                   




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