- 67 - (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 thePage: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
Last modified: May 25, 2011