13 fact, it operated at a loss in the years at issue. We conclude that petitioner is a cooperative under the three factors stated in Puget Sound Plywood, Inc. v. Commissioner, supra, and that petitioner operates on a cooperative basis under section 1381(a)(2). Because petitioner is subject to subchapter T, it is not subject to section 277. Buckeye Countrymark, Inc. v. Commissioner, 103 T.C. 547, 581 (1994); Trump Village Section 3, Inc. v. Commissioner, T.C. Memo 1995-281; see also Landmark, Inc., v. United States, 25 Cl. Ct. 100 (1992). In Buckeye Countrymark, Inc., v. Commissioner, supra at 581, we said that “the provisions of section 277 conflict with the provisions of subchapter T and that the application of section 277 to nonexempt cooperatives would lead to absurd or futile results.” C. Whether Petitioner's Interest Income Is Patronage-Sourced Income Even if petitioner is a cooperative subject to subchapter T, petitioner must pay tax on its investment income if the interest was not patronage sourced. Petitioner bears the burden of proving that its interest income is patronage sourced under subchapter T. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner argues that its interest income is patronage sourced because petitioner earned the interest on funds itsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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