9 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011