- 71 - The determination of whether income derived by a cooperative from a transaction that is directly related to the cooperative enterprise and, thus, is patronage income is a determination that is necessarily fact intensive. Certified Grocers of Cal., Ltd. v. Commissioner, 88 T.C. 238, 244 (1987); Illinois Grain Corp. v. Commissioner, 87 T.C. 435, 459 (1986); Washington-Oregon Shippers Coop., Inc. v. Commissioner, T.C. Memo. 1987-32. In considering the relatedness of the income-producing transaction to the cooperative enterprise, it is important to focus on the “totality of the circumstances” and to view the business environment to which the income-producing transaction is related and not to view the transaction so narrowly "as to limit it only to its income-generating characteristic when such a characterization is not consistent with the actual activity." Cotter & Co. v. United States, supra at 1106- 1107; Dundee Citrus Growers Association v. Commissioner, T.C. Memo. 1991-487. The “directly related” test applied by the courts is traceable to published rulings issued by the Commissioner, such as Rev. Rul. 69-576, 1969-2 C.B. 166, and Rev. Rul. 74-160, 1974-1 C.B. 245, that interpreted patronage income broadly. See CF Indus., Inc. v. Commissioner, supra at 105; Illinois Grain Corp. v. Commissioner, supra at 453;Page: Previous 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Next
Last modified: May 25, 2011