Farmland Industries, Inc. - Page 72




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                            (2) under an obligation of such                           
                       organization to pay such amount, which                         
                       obligation existed before the organization                     
                       received the amount paid, and                                  
                            (3) which is determined by reference to                   
                       the net earnings of the organization from                      
                       business done with or for its patrons.                         
                  Such term does not include any amount paid to a                     
                  patron to the extent that (A) such amount is out                    
                  of earnings other than from business done with                      
                  or for patrons, or (B) such amount is out of                        
                  earnings from business done with or for other                       
                  patrons to whom no amounts are paid, or to whom                     
                  smaller amounts are paid, with respect to                           
                  substantially identical transactions.                               

             By patronage income we mean income derived from “business                
             done with or for” patrons of the cooperative, such that it               
             can be included in computing the net earnings from which a               
             patronage dividend can be paid.  Sec. 1388(a).  By                       
             nonpatronage income we mean income that is derived other                 
             than from business done with or for patrons.  See sec.                   
             1388(a).                                                                 
                  Petitioner argues that the classification of gains and              
             losses as patronage or nonpatronage income depends on the                
             factual relationship between the activity producing the                  
             gain or loss and the operations of the cooperative,                      
             regardless whether the gains or losses are capital or                    
             ordinary in nature.  Petitioner argues that, if the                      
             activity producing the gain or loss is “directly related”                
             to or facilitates the cooperative’s operations, then the                 





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Last modified: May 25, 2011