10 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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