- 66 - OPINION Petitioner is a nonexempt cooperative subject to subchapter T. See generally Buckeye Countrymark, Inc. v. Commissioner, 103 T.C. 547, 554-563 (1994), for an overview of the taxation of nonexempt cooperatives under subchapter T. The principal issue in this case is whether the gains and losses that petitioner realized from the disposition of the property described above should be classified as patronage or nonpatronage gains and losses for purposes of subchapter T. The property at issue is petitioner’s stock in three corporations, Terra, Mex-Am, Seaway, and certain “property used in a trade or business”, as defined by section 1231(b), consisting of the assets of petitioner’s Lamont gas plant, its soybean processing facilities, and miscellaneous business assets. The bulk of the deficiencies determined in the notice of deficiency is attributable to respondent’s reclassification of the gain from petitioner’s sale of the stock of Terra. The term “patronage dividend” is defined by section 1388(a) as follows: (a) PATRONAGE DIVIDEND.--For purposes of this subchapter, the term “patronage dividend” means an amount paid to a patron by an organization to which part I of this subchapter applies-- (1) on the basis of quantity or value of business done with or for such patron,Page: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
Last modified: May 25, 2011