- 5 - bylaws require that net income from cooperative activities be distributed to its patrons on a cooperative basis consistent with the provisions of subchapter T. Historically, petitioner’s overall approach has been to conduct business in the most economically advantageous fashion possible to maximize patronage dividends. The following chart shows petitioner’s patronage and nonpatronage income for tax years 1982 through 1986: NOL’s and Patronage FYE Patronage Deductible Income After Nonpatronage 8/31 Income Dividend Deductions Income 1982 ($107,448,343) -- ($107,448,343) 1$13,013,621 1983 28,048,015 ($28,048,015) -- 1,202,216 1984 104,087,552 2(103,945,724)141,828 14,778,795 1985 (17,151,510) -- (17,151,510) 3(1,936,452) 1986 23,934,347 (24,361,501) (427,154) 4(29,700,543) 1 Petitioner reported nonpatronage taxable income of $12,416,037 on its original return. The parties have stipulated that the correct amount is $13,013,621. 2 The deduction consisted of a patronage dividend deduction of $20,945,131, a net operating loss of $82,436,819 carried forward from 1982, and a patronage loss of $563,774 in respect of Farmland Agriservices, a noncooperative subsidiary of petitioner, which represented a carryover of net operating loss incurred by the company before its liquidation into petitioner. 3 Petitioner carried back the nonpatronage loss to its taxable year ending August 31, 1982, and applied it against the nonpatronage income for that year. 4 Portions of the NOL were carried back and applied against nonpatronage income for taxable years ending August 31, 1983, and 1984. Petitioner’s consolidated operating results for fiscal years 1984 through 1986 are as follows:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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