Thwaites Terrace House Owners Corp. - Page 13

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          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 its                 







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