Thwaites Terrace House Owners Corp. - Page 10

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               2.  Whether a Section 216 Cooperative Housing Corporation Is           
          a Cooperative Under Subchapter T                                            
               In Park Place, Inc. v. Commissioner, 57 T.C. 767 (1972), we            
          held that the taxpayer was a cooperative under subchapter T                 
          because it was a section 216 cooperative housing corporation.  We           
          concluded that:                                                             
               We disagree with the Commissioner's assertion that                     
               subchapter T, section 1381, * * * does not apply.  Part                
               I of that subchapter applies to the taxable year of any                
               corporation operating on a cooperative basis after                     
               December 31, 1962, and that necessarily includes a                     
               section 216 cooperative housing corporation. [Citation                 
               omitted.]                                                              
          Id. at 779.                                                                 
               The parties have stipulated that petitioner is a section 216           
          cooperative housing corporation.  Thus, as we discuss further               
          below in par. B-3-a, we conclude that petitioner is subject to              
          the provisions of subchapter T.  Id.                                        
               3.  Subordination of Capital, Control by Members, and                  
          Allocation of Profit to Members                                             
               In Puget Sound Plywood, Inc. v. Commissioner, 44 T.C. 305,             
          308 (1965), we identified three factors that we said form the               
          core of economic cooperative theory:                                        
                    (1) Subordination of capital, both as regards control             
               over the cooperative undertaking, and as regards the                   
               ownership of the pecuniary benefits arising therefrom; (2)             
               democratic control by the worker-members themselves; and (3)           
               the vesting in and the allocation among the worker-members             
               of all fruits and increases arising from their cooperative             
               endeavor (i.e., the excess of the operating revenues over              
               the costs incurred in generating those revenues), in                   
               proportion to the worker-members' active participation in              
               the cooperative endeavor.                                              





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